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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
April 13, 2021
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes —3/9/2021 Regular and 3/23/2021 Workshop
4. Public Hearine —Conditional Use Permit —Liquor License — 1574 154th Ave. NW,
Suite 102 — Tasty Taco — Armando Ocampo & Vanessa Medina (Applicants)
5. Public Hearin e — Conditional Use Permit — Commercial Greenhouse — 14700 Sycamore
St. NW —Na Vang (Applicant)
6. Other Business
7. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the April 13, 2021
meeting by telephone or video conference call rather than by being physically present at the Commission's
regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304.
Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org
or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is
currently veru limited as appropriate social distancing will be practiced by the Commission and visitors. The
public can also participate in the public hearing remotely through the video conference call. A link to the call
will be available on the Planning Department website the day of the meeting.
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Approval of Minutes — March 9, 2021 Regular and March 23, 2021 Work Session
Meeting minutes
DATE: April 13, 2021
REQUEST
The Planning and Zoning Commission is requested to approve the March 9, 2021 Regular and
March 23, 2021 Work Session meeting minutes.
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PLANNING AND ZONING COMMISSION REGULAR MEETING
MARCH 9, 2021
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Bert Koehler IV on March 9, 2021, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson, Nick
Loehlein (remote), Marni Elias (remote) and Wes
Volkenant
Commissioners absent: None
Also present: Community Development Director Joe Janish
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEG1ANCE
APPROVAL OFMINUTES
February 23, 2021 Regular Meeting and Workshop Meeting
Motion by Godfrey, seconded by Volkenant, to approve the February 23, 2021 Workshop
meeting minutes as presented. Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
Volkenant — aye
Loehlein — aye
Elias — present
Motion carries 6 ayes, 1 present (Elias).
Motion by VanderLaan, seconded by Godfrey, to approve the February 23, 2021 Regular
Meeting minutes as presented. Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
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Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 2
Volkenant — aye
Loehlein — aye
Elias — present
Motion carries 6 ayes, 1 present (Elias).
PUBLIC HEARING. CONDITIONAL USE PERMIT — ACCESSORY DWELLING
UNIT — 4815159THAVENUENW — MARGARET KLIBER (APPLICANT)
The Planning and Zoning Commission is asked to conduct a public hearing and make a
recommendation to the City Council regarding a Conditional Use Permit for an accessory
dwelling unit (ADU) at 4815 159h Avenue NW.
Associate Planner Griffiths stated the applicant is requesting an accessory dwelling unit.
Mr. Griffiths explained an ADU is a separate living structure on a property that already has
a house. He said they are commonly referred to as granny flats or mother-in-law suites.
Mr. Griffiths indicated the structure will be 900 square feet. Mr. Griffiths stated the
applicant does not have a proposal for the type of structure they are building, however, they
will stay within the 900 square feet requirement. Mr. Griffiths stated there are 13
conditions that must be met for an ADU and referred to the staff report for details.
Commissioner VanderLaan asked how the ADU will be accessed by a driveway. Mr.
Griffiths replied the driveway could be shared or separate and that a separate driveway
would require a permit from the City Engineering Department.
Chairperson Koehler asked if the applicant came up with a plan that does not comply, such
as renting the ADU, what process do they follow. Mr. Griffiths replied the applicant must
meet all 13 conditions and can rent it if they apply for a rental license. He stated if they
are in violation of any of the conditions, it will be sent back to the Planning and Zoning
Commission and City Council for consideration of revoking the permit.
Motion by Hudson, seconded by Godfrey to open the public hearing at 7:10 p.m.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
Volkenant — aye
Loehlein — aye
Elias — aye
Motion carries unanimously.
Gordon Kliber, 4815 159a' Avenue NW, came forward to answer the Commission's
questions.
Commissioner Volkenant asked if they are intending to place the structure closer to the
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 3
1 neighboring property for maintaining privacy. Mr. Kliber responded that the addition of
2 the structure would provide additional privacy, and that the dwelling on the neighboring
3 property was at least 150 feet away from the proposed location.
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5 Motion by Hudson, seconded by Godfrey, to close the public hearing at 7:12 p.m.
6 Motion was taken by roll call:
7 Godfrey - aye
8 Hudson - aye
9 Koehler - aye
10 VanderLaan - aye
11 Volkenant — aye
12 Loehlein — aye
13 Elias — aye
14 Motion carries unanimously.
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16 Motion by Hudson, seconded by VanderLaan, to recommend approval of a Conditional
17 Use Permit for an Accessory Dwelling Unit located at 4815 159u` Avenue NW. Motion
18 was taken by roll call:
19 Godfrey - aye
20 Hudson - aye
21 Koehler - aye
22 VanderLaan - aye
23 Volkenant — aye
24 Loehlein — aye
25 Elias — aye
26 Motion carries unanimously.
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28 Mr. Griffiths stated the item will go to the City Council on March 16, 2021.
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30 PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT (CPA) (21-02)
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32 The Planning and Zoning Commission is asked to hold a public hearing and make a
33 recommendation to the City Council on the Comprehensive Plan Amendment for PID#
34 30.32.24.43.0001 on the corner of 76, Avenue and Bunker Lake Boulevard to be changed
35 from Urban Residential Medium (URM) to Urban Residential Medium Low (URML).
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37 Community Development Director Janish reviewed the Comprehensive Plan Future Land
38 Use Map and stated the applicant cannot meet the number of units in the URM District and
39 a density transfer was not allowed by the Met Council. Mr. Janish stated the reduction in
40 density affects the number of potentially affordable units in the City and the units need to
41 be replaced on a different property. Mr. Janish explained the City Council had a workshop
42 to determine the best location to replace 60 units of potentially affordable housing and
43 decided upon a property on Hanson and Bunker Lake Boulevard that is owned by Anoka
44 County. He stated the property is zoned public and needs to be rezoned Urban Residential
45 Medium.
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 4
2 Commissioner Loehlein asked if there were immediate plans to tear down the building on
3 Hanson and Bunker Lake Boulevard and build something new in the short term. Mr. Janish
4 replied not in the short term.
6 Chairperson Koehler stated the first time the Commission reviewed this item, they had
7 discussed transferring units to the north side of Bunker Lake Boulevard. He asked what
8 happened to change that. Mr. Janish stated the original intention was to transfer 60 units to
9 the north side. He stated the Met Council required the City to change the Future Land
to Designation of the property and would not allow a transfer of units. Mr. Janish said the
1 t developer of the property to the north expressed concerns with market studies and
12 supporting the number of units on the parcel.
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14 Chairperson Koehler asked if the land to the south and east of the County land is open
15 space. Mr. Janish stated it is part of Bunker Hills Park.
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17 Commissioner Volkenant asked for a definition of affordable housing. Mr. Janish replied
18 the Met Council defines affordable housing as at or above 8 units per acre. Commissioner
19 Volkenant stated the City is looking at designating land that may never be developed as
20 potentially affordable. He said the City has lost the opportunity to put affordable housing
21 on property that was originally designated as affordable housing. Commissioner
22 Volkenant stated he has concerns about making the change. Mr. Janish displayed photos
23 of Anoka County HRA properties with higher density senior housing and stated he expects
24 Anoka County to do something similar on the property located at Hanson and Bunker Lake
25 Boulevard. Commissioner Volkenant asked Mr. Janish if he was aware there is discussion
26 of Anoka County getting out of the business of managing senior apartment buildings. Mr.
27 Janish stated they do not manage the properties, but they own them.
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29 Commissioner Godfrey asked what impact a higher density development at Hanson and
30 Bunker would have on utilities. Mr. Janish stated staff looked at sewer capacity before
31 presenting options to the City Council. He said there is capacity at this site for 60-100
32 units. Commissioner Godfrey asked if the addition of the units will require a lift station.
33 Mr. Janish replied if it does require an additional lift station, it is already in the plan.
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35 Commissioner Elias asked if the City increases density on Hanson and Bunker would it
36 alleviate the density in other areas. Mr. Janish stated it could be a possibility the City could
37 lower density in other areas as long as the City averaged 3 units per acre.
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39 Chairperson Koehler asked if this item played a role in the City's proposal to the Met
40 Council to bank housing. Mr. Janish replied the intention of banking housing is for the
41 City to allow properties to develop lower than 3 units per acre if certain conditions are met.
42 In theory, the proposal at 7"and Bunker would have excess units which could be banked
43 and used elsewhere, however, the drafted amendment allowed the transfer within the
44 transitional residential district and if the City is short in a single-family area, they will try
45 to make up for it in a single-family area. He said anytime an area develops over 3 units
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 5
1 per acre, it lifts the City's average units per acre. Mr. Griffiths added that Comprehensive
2 Plan Amendment approved by the Council indicates transfer of units only applies to
3 properties guided Urban Residential Low.
5 Commissioner Godfrey stated guiding the property on Hanson and Bunker as URM is safer
6 because the streets are wider. She asked if safety personnel have looked at the plan. Mr.
7 Janish replied safety staff have looked at it and they have no concerns.
9 Motion by Volkenant, seconded by Hudson to open the public hearing at 7:34 p.m.
10 Motion was taken by roll call:
11 Godfrey - aye
12 Hudson - aye
13 Koehler - aye
14 VanderLaan - aye
15 Volkenant — aye
16 Loehlein — aye
17 Elias — aye
18 Motion carries unanimously.
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20 Tom Bakritges, Capstone Homes, 14015 Sunfish Lake Boulevard, came forward and stated
21 the property to the north of his development was able to accommodate 12-18 units per acre
22 but when the units went as high as 20-25 units per acre, it was not feasible to develop at
23 that density. He explained the other option was to find alternative sites and that is the item
24 before the Commission today. Mr. Bakritges stated he is happy with the staff report and
25 option presented.
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27 Motion by Hudson, seconded by Volkenant, to close the public hearing at 7:36 p.m.
28 Motion was taken by roll call:
29 Godfrey - aye
30 Hudson - aye
31 Koehler - aye
32 VanderLaan - aye
33 Volkenant—aye
34 Loehlein — aye
35 Elias — aye
36 Motion carries unanimously.
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38 Motion by Godfrey, seconded by VanderLaan, to recommend approval of a Resolution
39 amending the Comprehensive Land Use Plan of the City of Andover to include the
40 following: change the future land use designation of part of PID# 30.32.24.43.0001 from
41 Urban Residential Medium (URM) to Urban Residential Medium Low (VRML) and
42 change the future land use designation of part of PID# 35.32.24.32.0001 from Public to
43 Urban Residential High Low (URHL).
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45 Further discussion:
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 6
1 Commissioner Volkenant stated he will abstain from the vote because he has reservations
2 about what they are looking at here.
4 Motion was taken by roll call:
5 Godfrey - aye
6 Hudson - aye
7 Koehler - aye
8 VanderLaan - aye
9 Volkenant — abstain with reservations
to Loehlein — aye
11 Elias — ayes
12 Motion carries 6 ayes, 1 abstention (Volkenant).
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14 This item will go before the City Council on Tuesday, March 16, 2021.
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16 CITY CODE AMENDMENT — CITY CODE TITLE 12, CHAPTER 12 — CITY OF
17 ANDOVER (APPLICANT)
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19 The Planning and Zoning Commission is asked to conduct a public hearing and make a
20 recommendation to the City Council for a City Code Amendment to allow daycares within
21 legally conforming religious institutions and schools. Community Development Director
22 Janish stated religious institutions and schools fall under a different building code category
23 and have different types of requirements than a daycare. He said the applicants would need
24 to work with the Building Official to make sure they meet the requirements for a daycare
25 center. Mr. Janish stated this amendment would allow a private entity to rent space from
26 the religious institution or school if legally permitted and if the facility meets building code
27 for a daycare.
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29 Commissioner Volkenant stated Anoka -Hennepin does not operate daycare facilities in
30 Andover and they are not in the business of daycare. He asked Mr. Griffiths to explain
31 why public schools are included in this discussion. Mr. Griffiths replied when staff
32 researched this item, they found other cities allow daycares in religious institutions and
33 schools. They are both large spaces and not utilized at certain times and a daycare can fill
34 the empty times.
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36 Commissioner Godfrey asked staff to address the issue of "within" schools and religious
37 organizations and how does the City avoid the proliferation of temporary structures.
38 Mr. Janish replied the subordinate structures are an Interim Use in the City. He said the use
39 would have to be legally permitted and a daycare is not a permittable use in a portable
40 classroom unless the City allows it through an Interim Use Permit.
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42 Motion by Volkenant, seconded by Hudson to open the public hearing at 7:46 p.m.
43 Motion was taken by roll call:
44 Godfrey - aye
45 Hudson - aye
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 7
1 Koehler - aye
2 VanderLaan - aye
3 Volkenant — aye
4 Loehlein — aye
5 Elias — aye
6 Motion carries unanimously.
8 No one came before the Commission.
to Motion by Hudson, seconded by VanderLaan, to close the public hearing at 7:46 p.m.
11 Motion was taken by roll call:
12 Godfrey - aye
13 Hudson - aye
14 Koehler - aye
15 VanderLaan - aye
16 Volkenant—aye
17 Loehlein — aye
18 Elias — aye
19 Motion carries unanimously.
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21 Motion by Volkenant, seconded by Godfrey, to recommend approval of an amendment to
22 City Code Title 12: Zoning Regulations, Chapter 12: Residential Permitted Accessory,
23 Conditional, Interim, and Prohibited Uses.
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25 Further discussion:
26 Commissioner Godfrey asked if the City received any public comment on this issue. Mr.
27 Janish replied the City did not receive any comments. He explained there is an individual
28 looking at opening a daycare within a religious institution. Commissioner Godfrey asked
29 if this applies to the St. Francis School District. Mr. Janish stated it applies to school
30 facilities located within Andover.
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32 Chairperson Koehler asked if a business operated a pre -k daycare and had a subordinate
33 structure, could it be called a pre -k classroom. Mr. Janish stated the Building Code would
34 look at it as a daycare because of the age of the children. Chairperson Koehler asked if the
35 City knew of any subordinate structures operating a daycare. Mr. Janish replied he cannot
36 answer the question beyond a doubt. He stated technically there shouldn't be a daycare in
37 a subordinate structure. Chairperson Koehler stated the problem is that the City wouldn't
38 know, and he is having a problem putting kids that are really young in a subordinate
39 structure. Mr. Janish stated the IUPs that are in place do not indicate that subordinate
40 structures are being used as daycares. Chairperson Koehler stated he has seen IUPs for
41 subordinate structures come back for renewal multiple times and he is worried that there
42 will be too many of them in the City. Chairperson Koehler stated he is not against a
43 daycare, but he is worried they will find their way into a subordinate structure.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 8
Commissioner Volkenant asked where subordinate structures came into play. He stated he
is under the impression the daycare would be located in the building. Mr. Janish stated
there are some religious institutions with IUPs using subordinate structures as classrooms
and they need to reapply every 5 years. He explained the Planning Commission and City
Council had a conversation with a religious institution and noted the subordinate structures
are becoming permanent rather than temporary. The City asked the religious institution to
come up with a plan to expand their building to accommodate the need for extra space.
Chairperson Koehler stated there are some subordinate structures that have been in place
for 15 years.
Commissioner Volkenant asked if there was a way to write in the condition that the
daycares must be within the main facility and not in a subordinate structure.
Commissioner VanderLaan stated the City Council has revoked NPs for subordinate
structures when the organization was not able to meet some requirements. She explained
the absence of a guideline for a daycare to be in or out of building is applicable, it's only
whether or not the Commission applies a different form of standard.
Commissioner Elias asked if a daycare is asking to use a subordinate classroom or if this
is something Chairperson Koehler is looking to avoid in the future. Chairperson Koehler
stated there is no applicant at this time and the Commission is deciding to recommend a
change to City Code. He explained that once this change is made, it applies to everyone
looking to open a daycare in one of these facilities. Commissioner Elias stated they are
looking at a situation that may never happen and that daycares are in great need as the City
grows.
Chairperson Koehler stated he knows the Building Department makes sure the subordinate
structures are safe and his issues are aesthetics, cutting comers instead of building a
permanent structure, and using portables as a stopgap that never stops being a stopgap.
Mr. Janish stated it is an option for the Planning and Zoning Commission to put a condition
in the amendment stating a daycare can operate within the building, however cannot
operate in a portable classroom.
Commissioner Loehlein stated he agrees with the Chair's concern and supports the
condition to allow a daycare in the main building but not in a portable.
Commissioner Volkenant withdrew his motion and Commissioner Godfrey agreed. Motion
withdrawn.
Commissioner Volkenant stated he would like the term "within" a school or religious
institution to mean the operation must be in the main building and not in a subordinate
structure.
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 9
1 Chairperson Koehler stated the Commission can make a recommendation to allow daycares
2 within schools and religious institutions and ask staff to craft language that restricts it to
3 the building and to not allow it in portable classrooms. Mr. Janish stated the Chair is
4 correct.
6 Motion by Volkenant, seconded by Loehlein, to recommend approval of an amendment to
7 City Code Title 12: Zoning Regulations, Chapter 12: Residential Permitted Accessory,
8 Conditional, Interim, and Prohibited Uses with language that prohibits daycare in portable
9 classrooms.
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11 Further discussion:
12 Commissioner Hudson stated the motion is saying a private daycare cannot be in a
13 subordinate structure. He asked what is to stop a church from putting a daycare in the main
14 facility and requesting a subordinate structure for other programming. Chairperson Koehler
15 stated they could, but it would come before the Planning and Zoning Commission for
16 review. Commissioner Hudson stated he would like language that prohibits a daycare from
17 triggering the need for a subordinate structure.
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19 Commissioner Godfrey stated the City Code identifies subordinate structures as apermitted
20 use that requires an Interim Use Permit which would make the language suggested by
21 Commissioner Hudson unnecessary as the process is already triggered.
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23 Commissioner Volkenant stated he supports the suggestion by Commissioner Hudson and
24 feels it is more comprehensive than what he proposed.
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26 Mr. Janish indicated the concern of Commissioner Hudson is a separate topic requiring
27 staff to look at the subordinate structure language and make modifications that will ask if
28 the need is due to a daycare facility being operated in the main structure.
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30 Chairperson Koehler suggested this item be added to a workshop for discussion. Mr. Janish
31 stated staff can bring this item to the Commission for review at the March 23 workshop.
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33 Motion was taken by roll call:
34 Godfrey - aye
35 Hudson - aye
36 Koehler - aye
37 VanderLaan - aye
38 Volkenant — aye
39 Loehlein — aye
40 Elias - aye
41 Motion carries unanimously.
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43 This item will go to City Council on March 16, 2021.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — March 9, 2021
Page 10
OTHER BUSINESS
Mr. Janish stated the City sent the Comprehensive Plan Amendment about banking density
to the Met Council and they deemed it incomplete. The Met Council asked for a map that
shows where these units would be transferred to and from, and staff felt the information
was already provided. He explained staff has asked for guidance from the Met Council on
how to move forward. Mr. Janish said the City has several Comprehensive Plan
Amendments submitted to the Met Council.
Mr. Griffiths stated there will be a Planning and Zoning Commission workshop on March
23, 2021 at 7 p.m.
Chairperson Koehler asked if the Commission would discuss an RJP rather than a CUP for
building a home at that same workshop. Mr. Griffiths replied that item will be discussed
during the winter months when the Commission has fewer items on the agenda.
Commissioner Godfrey asked for the number of building permits issued year-to-date. Mr.
Griffiths replied there are 14 as of today.
Commissioner Volkenant wished Chairperson Koehler a happy birthday.
Chairperson Koehler wished anyone who celebrates it, a Happy St. Patrick's Day.
I►a7i� , u�i
Motion by Godfrey, seconded by Hudson, to adjourn the meeting at 8:12 p.m. Motion was
taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
Volkenant — aye
Loehlein — aye
Elias - aye
Motion carries unanimously.
Respectfully Submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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PLANNINGAND ZONING COMMISSION WORKSHOP MEETING
MARCH 23, 2021
The Workshop Meeting of the Andover Planning and Zoning Commission was called to
order by Chairperson Bert Koehler IV on March 23, 2021, 6:00 p.m., at the Andover City
Hall, Senior Center, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson, Nick
Loehlein (remote), Mami Elias and Wes Volkenant
Commissioners absent: None
Also present: City Planner Peter Hellegers
Associate Planner Jake Griffiths
Others
SITE VISIONING CONSTANCE FREE CHURCH ANDOVER/STATION 19
ARCHITECTS
Associate Planner Griffiths introduced representatives from Constance Free Church and
Station 19 Architects. Pastor Randy Discher explained they are gathering input on what to
do with their property in Andover. He gave an overview of their activities in the
community and they are looking at how to serve the community with their land and
building.
Nicole Thompson, Station 19 Architects, came forward and asked the Commission what
they see as the needs of the community and how the land can be best used. She stated they
are crazy curious to hear comments from the Commission.
Pastor Sean McDowell, Constance Free Church, came forward and stated this is a listening
session where Church representatives can hear what is needed in the community.
Commissioner Elias stated she would like to see a serene park setting with a gazebo.
Commissioner VanderLaan asked if they are looking to create activities that bring in
revenue and use the revenue for community purposes. Commissioner VanderLaan asked
what the tax status of the Church is. Pastor McDowell stated they do not have any tax
paying property and they are not in the process of creating revenue producing activities.
Andover Planning and Zoning Workshop Meeting
Minutes March 23, 2021
Page 2
2 Commissioner VanderLaan asked about their cemetery. Pastor Discher stated they have
3 built their parking lots around the cemetery and have protected the cemetery land.
4 Commissioner VanderLaan stated she has a strong interest in the preservation of cemeteries
5 and can see the cemetery being profitable for the Church.
7 Commissioner Godfrey stated the City is short on room for community gardens. She
8 thought linking community gardens, education programs for youth to learn gardening, and
9 a farmers' market would be a good use of the property.
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11 Commissioner Hudson stated trees and open space are valued by the community. He
12 suggested trails to link up to existing City trails. Commissioner Hudson would like to keep
13 the land as natural as possible. He suggested partnering with Loaves and Fishes to provide
14 produce for food shelves.
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16 Commissioner Volkenant asked if they are looking for ideas to use their existing space.
17 Commissioner Volkenant stated there aren't many parks or open space on the east side of
18 the railroad tracks. He supports open space, community gardens, and public gathering
19 spaces. Commissioner Volkenant stated there is a need for an adult day care.
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21 Commissioner Loehlein concurred that open space, meeting space, and senior amenities
22 are all needs in the community. He added that mental health services are highly needed as
23 well. Commissioner Loehlein explained services for youth are important and he can see
24 the Church filling the role for refuge and a place for people to connect.
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26 Chairperson Koehler listed summer day camp outdoor programming, after school
27 programming, outdoor training and survival skills, and outdoor facilities for older adults
28 (pickle ball, bocce ball) as recommendations for using the land. He suggested taking the
29 community garden a step further and have a farm -to -table restaurant run by youth.
30 Chairperson Koehler suggested evening/night programs such as star gazing and navigation.
31 He suggested a water facility and hosting holiday events.
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33 Pastor Discher stated they are looking for ideas their congregation will support, and the
34 Commission gave several great ideas. He said they are also looking for sustainable ideas.
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36 Commissioner Volkenant stated the area has lost a camp program, Camp Guy Robinson,
37 and sees a need for a replacement in the community.
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39 Pastor Discher thanked the Commission for their input and stated they are gathering ideas
40 to help them plan the use of their land.
41
42 SUBORDINATE CLASSROOM STRUCTURES
43
44 Associate Planner Griffiths stated the Commission expressed interest in amending the City
45 Code for subordinate classroom structures and limiting their use. Mr. Griffiths stated there
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Andover Planning and Zoning Workshop Meeting
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Page 3
are two active applications for subordinate classrooms which have been around for
decades. He explained the structures will be removed at the expiration of the permit or the
organization will ask for a renewal. Mr. Griffiths stated there is a need in the community
to allow for subordinate classroom structures in some capacity and that staff does not
recommend outright prohibiting their use.
Commissioner Elias stated there is a need for the subordinate classroom structures because
the school district is growing fast as new developments come in. She feels they need to be
allowed in some capacity.
Commissioner VanderLaan asked Mr. Griffiths to connect the dots between schools and
the passing of a levy when the two existing permits are for religious institutions. Mr.
Griffiths stated Code allows subordinate classrooms for religious institutions and schools.
Commissioner Godfrey suggested requiring the applicant to show a plan that the use of
subordinate classrooms is an interim use and not a lifetime solution.
Commissioner Hudson agreed with Commissioner Godfrey and suggested the applicant
demonstrate they are working towards the goal of adding on to their facility to
accommodate the need for additional space.
Commissioner VanderLaan asked if the City can exceed the State's Building Code
standard.
Commissioner Volkenant stated he would like to see the permits end when the facility
changes hands.
Chairperson Koehler stated subordinate classrooms are a way to get around the obligation
to build a permanent structure. He said he agrees with the Commissioners' comments.
Chairperson Koehler stated he would like to see a committed date and proof that the
organization is attempting to raise funds to add on to their facility. He would like to see a
stipulation that doesn't allow the NP to be extended more than once. Chairperson Koehler
stated he sees a conflict if the school district isn't able to pass a referendum to expand
school facilities. He does not want to see subordinate classrooms for 15-25 years.
Commissioner Volkenant asked if staff has had a discussion with the school district to see
if they can accommodate the influx of new students due to the growth of the City.
Commissioner Elias stated she supports a progress report if the applicant wants to renew
the IUP.
Commissioner VanderLaan stated there was a progress report with one of the IUPs and
they were able to show a plan.
Andover Planning and Zoning Workshop Meeting
Minutes March 23, 2021
Page 4
1 Commissioner Godfrey stated the Commission's job is to establish a standard and they
2 expect applicants to treat it in a business -like manner. She stated it is reasonable to have
3 standards that require periodic status reports and for the City to enter into an agreement
4 with the applicant that protects the City of Andover.
6 Commissioner Hudson stated if the school district attempted to pass a referendum and
7 failed, they have proof they tried. He stated they also have enrollment projections which
8 show growth or decline.
to Commissioner Loehlein stated he is supportive structure around the standard, requiring the
I l applicant to show progress with the goal of eliminating the subordinate structures.
12
13 Chairperson Koehler stated rules need to be put in place that sets a date and draws a line in
14 the sand. He can see the need for an extension because things happen. He stated if the
15 applicant can't attain the goal after one extension, then the permit expires.
16
17 Mr. Griffiths summarized the Commission's discussion. The Commission has general
18 consensus to keep the IUP process, and to add performance standards, a way to check in
19 on progress, and potentially a cap on the number of extensions. Mr. Griffiths stated
20 religious institutions may be different than school districts and asked for direction from the
21 Commission on separating religious institutions from school districts.
22
23 Chairperson Koehler stated he supports separating schools and religious institutions, but
24 he is not sure how that will be received. He said school districts don't do fundraising and
25 there is a different burden of proof. Chairperson Koehler said if the City can separate the
26 two entities, with approval from the City Attorney, it would be preferable.
27
28 City Planner Hellegers stated the Commission is looking for ways for the applicant to show
29 measures they are making progress. He explained the schools and religious institutions may
30 not need to be separated if the Commission requires progress reports. Mr. Griffiths stated
31 that staff will research this and work with the City Attorney when drafting amendment
32 language.
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34 Commissioner Volkenant asked if a conversation needs to be had with the organizations
35 holding IUPs for subordinate structures explaining the City's view. Mr. Griffiths stated
36 the City will follow-up with the organizations.
37
38 CONSTRUCTION OF ACCESSORY STRUCTURES PRIOR TO PRINCIPAL
39 STRUCTURES
40
41 Mr. Griffiths explained there was general consensus among the Commission that the City
42 Code requirements related to construction of accessory structures prior to principal
43 structures should be reviewed. In response, staff has created options for amending the City
44 Code and are seeking feedback from the Commission. Mr. Griffiths explained this issue
45 has come up during lot splits. He asked the Commission if there was a situation where they
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Andover Planning and Zoning Workshop Meeting
Minutes —March 23, 2021
Page 5
want to see only an accessory structure on a property. The Commission did not see a
situation where a property should only have an accessory structure. Mr. Hellegers asked if
it changed the Commission's mind if the two properties were owned by the same person.
The Commission's stance did not change.
Mr. Griffiths presented three options for the Commission to discuss. He asked if the
Commission wants to continue with the one-year time limit to build a principal structure
with a lot split or require an IUP for all cases of an accessory structure being constructed
prior to a principal structure.
Chairperson Koehler said the standard life of an IUP is five years. He asked if the City
could set it fewer than five years. Mr. Griffiths stated an IUP can be set to expire on a date
or an occurrence of an event, there is nothing in the City Code or State Statute that requires
an IUP be granted for five years.
Commissioner Hudson asked which is more favorable: a land use agreement or an IUP.
Mr. Griffiths stated the City has worked with the City Attorney to create a land use
agreement template which has made it a simple process. He stated the IUP process costs
the landowner around $500, staff time to review the application, publication, and a public
hearing. Mr. Griffiths stated staff are comfortable with continuing with the land use
agreement for lot splits.
Commissioner VanderLaan reviewed the City Council minutes from March 2 where Mr.
Dickinson stated one year is the City's standard to build a principal structure and an
extension is not a problem as long as there is communication between the City and
applicant. She stated the process seems to be working.
Mr. Griffiths stated the City can grant a reasonable extension if there is a plan. He stated
this works best with lot splits where there is already some level of formal review occurring
by the Ciy.
Commissioner Godfrey stated the process can be streamlined by using the land use
agreement and not making extra steps for the City or the applicant. She is in favor of
continuing the land use agreement as it has been used for the lot splits.
The Commission reached consensus to leave the process as it currently is. Mr. Griffiths
stated staff will add language to the land use agreement indicating a one-year time frame
and the option to ask for an extension.
Commissioner VanderLaan stated the requirement is a building permit must be acquired in
one year.
Chairperson Koehler stated he has a concern about placing a one-year requirement because
there are so many variables that can occur that justify an extension.
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Andover Planning and Zoning Workshop Meeting
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Page 6
Mr. Griffiths summarized the Commission's discussion that the Commission felt that in no
case should an accessory structure be built on a property without a principal structure
permanently, that the Commission wanted to keep the land use agreement process for lot
splits only, and that they would like to amend the City Code to change the approval process
in all other situations from a Conditional Use Permit to an hiterim Use Permit.
Chairperson Koehler stated he would like to see the applicant not have to come back and
ask for an extension. Mr. Griffiths replied staff can work with the applicant and grant short
extensions, so they don't have to come back in front of the Commission.
OTHER BUSINESS
Mr. Griffiths stated there will be a Commission meeting on April 13 and outlined the
agenda items. Mr. Griffiths reviewed items the Commission recommended to Council. Mr.
Griffiths updated the Commission on the Met Council's review of the City's proposed
Comprehensive Plan Text Amendment.
ADJOURNMENT
Motion by Volkenant, seconded by VanderLaan, to adjourn the meeting at 8:45 p.m.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
V olkenant — aye
Loehlein — aye
Elias - aye
Motion carries unanimously.
Respectfully Submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
AC I T Y 0 F
NLDb 06 WE A.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
COPY: Joe Janish, Community Development Director N
FROM: Peter Hellegers, City Planner
SUBJECT: Public Hearing: Conditional Use Permit (CUP) — On -Sale Liquor License — 1574 154'
Avenue NW, Suite 102 — Tasty Taco — Armando Ocampo and Vanessa Medina
(Applicant)
DATE: April 13, 2021
INTRODUCTION
City Code 12-12 requires a Conditional Use Permit (CUP) for liquor sales in the SC Shopping Center
District. The applicant is proposing to have liquor sales at a new restaurant called "Tasty Taco" located in
Suite 102 of the existing Hanson Commons 11 building. If the CUP is approved, the applicant will also be
required to obtain a city liquor license.
There are two separate applications that must both be approved prior to liquor sales occurring at a
property. The CUP is the first step in this process, and the purpose is to determine whether on -sale liquor
sales would be appropriate at the applicant's chosen property.
Restaurants are a permitted use in the SC Shopping Center District and the site has enough parking to
accommodate a restaurant. The previous tenant of the space was also a restaurant. The City Code
standard for Liquor Licenses includes a requirement that the proposed license location be at least 300 feet
from a school or religious institution, measured from building corner to building corner. The proposed
location complies with this distance requirement and is more than twice the minimum distance
requirement from the adjacent middle school site.
Mr. Ocampo, owner of Tasty Taco, Inc., along with co-owner Vanessa Medina, submitted a letter
requesting the CUP for liquor sales and introducing the proposed restaurant for the site. A copy of this
letter has been attached for your review.
If the CUP is approved, the City Council will review a separate Liquor License application. The City
Council will verify that the applicant is compliant with City Code 3-1: Liquor Control and Minnesota
State Statutes 340A.402. A copy of City Code and State Statute is attached for informational purposes
only and is not a part of this review.
If the Commission determines that restrictions greater than what is currently required by City Code and
State Statute is needed, they may recommend those conditions to the City Council as part of the CUP.
One of the typical conditions that is included on conditional use permits is a Sunset Clause, as defined in
Ordinance No. 8, Section 5.03 (D) which states that if substantial progress is not made within one year
from approval, the City Council may revoke the CUP.
Review Criteria
City Code 12-14-613 provides the following general review criteria to consider when granting a CUP. In
granting a Conditional Use Permit, the City Council shall consider the recommendation of the Planning
and Zoning Commission and:
1. The effect of the proposed use on the health, safety, moral and general welfare of the occupants
of surrounding lands.
Liquor sales are regulated by City Code 3-1 and must comply with Minnesota Statutes 340A.402.
The applicant is required to obtain a liquor license from the City Council. CUPS have been
granted for similar locations including in the shopping center to the south of Bluebird Street.
2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and
lands.
The CUP will not generate additional traffic to the commercial area. The subject property is
currently a commercial shopping center and the previous occupant of the site was also a
restaurant. The site has been designed to accommodate increased traffic beyond what currently
exists. The site is located adjacent to Hanson Boulevard (C.SA.H. 78) and the nearest
intersection to the site (Hanson1154`h) is controlled by a traffic control signal. Parkingfacilities
at the site provide the required number of parking spaces as required by the City Code.
3. The effect on values of property and scenic views in the surrounding area, and the effect of the
proposed use on the Comprehensive Plan.
Restaurants are a permitted use within the SC Shopping Center District and liquor sales are
allowed with a CUP and liquor license. CUPS have been approved in the past at similar
properties such as at the nearby Clocktower Commons. Staff believes the CUP will not have a
negative effect on surrounding property values.
ACTION REQUESTED
The Planning and Zoning Commission is requested to bold a public hearing and make a recommendation
to the City Council regarding the CUP request.
Respekelleger's
b 'tied,
PeterCity Panner
Attachments
Draft Resolution of Approval
Location Map
Exhibit A — Site Location — 1574 154' Avenue NW, Suite 102
Exhibit B - Site Interior Drawing - Suite 102
Applicant's Letter
Examples of Concepts for Interior
City Code 3-1: Liquor Control (For Informational Purposes Only)
Minnesota State Statutes 340A.402 (For Informational Purposes Only)
Copy: Armando Ocampo, 6883 Upper 281 St N., Oakdale, MN 55128 (Business Owner/Applicant)
Vanessa Medina, via e-mail only (Business Co-owner)
Hanson Commons LLC c/o Richard Lee, 299 Coon Rapids Blvd. NW, Suite 200,
Coon Rapids, MN 55433 (Property Owner's representative)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR LIQUOR
SALES, LOCATED AT 1574 154TH AVENUE NW, SUITE 102, LEGALLY DESCRIBED AS:
LOT 1, BLOCK 1, CHESTERTON COMMONS FOURTH ADDITION
WHEREAS; the applicants are business owners of Tasty Taco, Inc, and have requested a conditional use
permit for liquor sales within Suite 102 of the subject property, with authorization from the property
owner, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing on April 13, 2021 pursuant to
the requirements of City Code 12-14-8, pertaining to the public hearing process, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect
on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the conditional use
permit for liquor sales at 1574 154' Avenue NW, Suite 102, subject to the following conditions:
1. A liquor license must be approved by the City of Andover prior to the sale of liquor on the
premises.
2. Liquor sales shall only be authorized in Suite 102, as shown on the attached Exhibit B —Site
Interior Drawing - Suite 102.
3. All other permits shall be obtained, including but not limited to Building, Department of Health,
etc.
4. The Conditional Use will be subject to a sunset clause as defined in Ordinance No. 8, Section
5.03(D).
Adopted by the City Council of the City of Andover on this day of 2021.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Sheri Bukkila, Mayor
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Tasty Taco INC
1574 154th Ave.
Andover Mn, 55128
To whom it may concern;
I, Armando Ocampo have been a restaurateur for 17 years, owner of 7 restaurants, which 3 of
them have alcohol licenses (Los Ocampo in Ramsey County and Washington County). Co-owner
Vanessa Medina, has been in the restaurant industry for 19 years, earning the knowledge as a
cook, server, and managing. We would like to start this new concept in the City of Andover.
Tasty Taco is a Latin Food restaurant which will be focused on authentic Mexican, Guatemalan,
and food from EI Salvador. We would like to have a complementary bar to pair upscale drinks
with our delicious and tasty food. Tasty Taco's goal is to have a comfortable, welcoming, warm,
and fun atmosphere for all. We will be serving Lunch and Dinner, expected hours of operation
will be Sunday through Thursday from 11 am to Spm, and Friday and Saturday from 11 am to
10pm. Eventually, we might add some breakfast items to our weekend menu.
We are looking forward to working with you and the community of Andover in a family safe
environment.
Thank you kindly for your attention to this matter. If you have any questions, please do not
hesitate on reaching out to us.
Cordially,
Armando Ocampo Vanessa Medina
Tasty Taco Owner/President Tasty Taco Co-Owner/Manager
651-9554335 612-8687837
0
F'�]
CHAPTER 1
LIQUOR CONTROL
3-1-1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter
340A, commonly known as the Liquor Act, are adopted and made part of this
article as if set out in full. Whenever there is an inconsistency between the
provisions of Minnesota Statutes Chapter 340A and the provisions of this article,
the more restrictive shall govern. (Amended Ord. 213, 5-6-1997)
3-1-2: DEFINITIONS: In addition to the definitions set forth in Minnesota
Statutes Chapter 340A, the following words are defined for the purpose of this
article:
3.2 PERCENT MALT
LIQUOR: Any beer, ale, or other beverage made from malt
by fermentation and containing not less than one-
half of one percent (0.5%) alcohol by volume.
(Amended Ord. 213, 5-6-1997; amd. 2003 Code)
BONA FIDE CLUB: An incorporated organization for social or business
purposes or for intellectual improvement or for the
promotion of sports, where the serving of 3.2
percent malt liquor is incidental to and not the major
purpose of the club.
LICENSE:
Shall also include a permit for consumption and
display, unless otherwise indicated.
LICENSEE:
Any person to whom a license has been issued
under the provisions of this article.
MINOR:
Any person under the age established by
Minnesota Statutes Section 340A.503.
PACKAGE:
A sealed or corked container of alcoholic
beverage.
PERSON:
An individual, partnership, association, corporation, or
club.
PUBLIC PROPERTY: Land owned by a municipal, county, state or other
governmental unit.
RELIGIOUS
INSTITUTION: A building, together with its accessory buildings and
uses, where persons regularly assemble for religious
worship and which building, together with its
accessory buildings.and uses, is maintained and
controlled by a religious body organized to sustain
public worship. (Amended Ord. 481, 4/3/18)
RESTAURANT: Shall have the meaning given to the term by
Minnesota Statutes Section 340A.101, Subdivision
25.
SALE AND PURCHASE: Include all barters, gifts, sales and any other
means used to obtain or furnish alcoholic
beverages. (Amended Ord. 235, 8-5-1997)
SCHOOL: For the purposes of this ordinance, school shall
mean a public, private, or charter school providing
elementary, middle or high school age curriculums.
CHAPTER1
LIQUOR CONTROL
ARTICLE A. 3.2 PERCENT MALT LIQUOR
SECTION:
3-1 A-
1:
License Required; Types Of Licenses
3-1 A-
2:
Ineligibility For License
3-1 A-
3:
Application For License
3-1A-
4:
Insurance Requirements
3-1A-
5:
Payment Of License Fee; Refunds
3-1 A-
6:
Investigation Of Applicant; Grant Of License
3-1 A-
7:
Term Of License; Renewals
3-1 A-
8:
Non -transferability Of License Or Location
3-1 A-
9:
Temporary On -Sale License
3-lA-10:
Compliance Checks And Inspections
3-1A-11:
Hours Of Sale
3-1A-12:
Suspension/Revocation/Civil Penalty
3-1A-13:
Violation; Penalty
3-1A-1: LICENSE REQUIRED; TYPES OF LICENSES: As part of a
commercial transaction, no person (with the exception of wholesalers and
manufacturers, to the extent authorized by law) shall deal in or dispose of by gift,
sale or otherwise, or keep or offer for sale, within the city any 3.2 percent malt
liquor without first having received a 3.2 percent malt liquor license. The City
Council may issue the following types of 3.2 percent malt liquor licenses
(Amended Ord. 404, 1-18-11):
A. On -Sale Licenses: Retail on sale licenses obtained pursuant to this article
shall permit the licensee to sell 3.2 percent malt liquors for consumption
on the licensed premises and shall be issued only to restaurants, hotels,
bona fide clubs and establishments used exclusively for the sale of 3.2
malt liquors with the incidental sale of tobacco and soft drinks.
B. Off -Sale Licenses: Retail off -sale licenses obtained pursuant to this article
shall permit the licensee to sell 3.2 percent malt liquors in packages for
consumption off the premises only.
C. Temporary On -Sale Licenses: Temporary on -sale licenses obtained
pursuant to this article shall be issued to a bona fide club or charitable,
religious or nonprofit organization for a specified time period. (Amended
Ord. 213, 5-6-1997; amd. 2003 Code)
3-1A-2: INELIGIBILITY FOR LICENSE:
A. On -Sale License; Locations Prohibited: No on -sale license shall be
granted for any place within three hundred feet (300') of any public or
private school nor within three hundred feet (300') of any religious
institution, the measurement being from building corner to building corner.
This restriction shall not apply to religious institutions or schools located it
the Limited Business, Neighborhood Business, Shopping Center General
Business, or Industrial Zoning Districts. (Ord. 301, 10-5-2004; Amended
Ord. 404, 1118/11; Amended Ord. 481, 4/3/18; Amended Ord. 498,
12/3/19)
B. Delinquent Taxes Or Assessments: No license shall be granted for
operation on any premises upon which taxes or assessments or
other financial claims of the city are delinquent and unpaid.
(Amended Ord. 213, 5-6-1997)
3-1A-3: APPLICATION FOR LICENSE:
A. Information Required: Any person desiring a license to sell 3.2 percent malt
liquor (on -sale or off -sale) shall make application for a license to the City
Clerk. The application made to the city shall include the following: (Amended
Ord. 213, 5-6-1997; amd. 2003 Code)
1. Name of applicant and date of birth;
2. Representations as to the applicant's character;
3. The business in connection with which the proposed licensee will operate
and its location;
4. Whether the applicant is the owner and operator of the business and if
not, who is;
5. Whether the applicant has ever used or been known by a name other than
his/her name;
6. Kind, name and location of every business or occupation applicant or
spouse has been engaged in during the preceding ten (10) years; and
7. Other such information as the City Council may require from time to time.
B. False Information Prohibited: No person shall make a false statement or
material omission in a license application. Any false statement or material
omission shall be grounds for denying or revoking a license.
C. Changes In Information: Each licensee shall have the continuing duty to
properly notify the City Clerk of any change in the information or facts
required to be furnished on the application for a license. This duty shall
continue throughout the period of the license, and failure to comply with this
section shall constitute cause for revocation or suspension of the license.
(Amended Ord. 213, 5-6-1997)
3-1A-4: INSURANCE REQUIREMENTS:
A. Every application for a 3.2 percent malt liquor license shall be accompanied
by evidence of adequate financial responsibility for liability in a form
permitted by Minnesota Statutes Section 340A.409, Subdivision 1. This
provision shall not apply to establishments exempt from financial
responsibility requirements by Minnesota Statutes Section 340A.409,
Subdivision 4.
B. A liability insurance policy shall name the City as an additional insured.
The limits of such policy shall comply with the liability limits as stated in
Minnesota Statutes.
C. The liability policy must provide that it may not be canceled for any cause
either by the insured or the insurance company without first giving ten (10)
days' notice to the city, in writing, of that intention. The policy must also
provide that any amount paid by the insurance company as a result of a
claim will not reduce the coverage available to pay subsequent claims.
D. No person may operate any business or conduct any activities requiring a 3.2
percent malt liquor license from the city without having in effect, and evidence
on file with the city of, the financial responsibility required by this section. The
failure to have the financial responsibility in effect and/or on file shall be
grounds for immediate revocation or suspension of a license. (Amended Ord.
213, 5-6-1997; amd. 2003 Code)
3-1A-5: PAYMENT OF LICENSE FEE; REFUNDS: Each application fora
license shall be accompanied with a receipt from the City Finance
Director/Treasurer for payment in full of the required fee for the license All fees
shall be paid into the General Fund. Upon rejection of any application for a
license, the City Finance Director/Treasurer shall refund the amount paid.
(Amended Ord. 213, 5-6-1997; amd. 2003 Code)
3-1A-6: INVESTIGATION OF APPLICANT; GRANT OF LICENSE: No 3.2
percent malt liquor license, except temporary licenses, shall be issued until the
City Clerk has conducted an investigation of the representatives set forth in the
application. All applicants shall cooperate with this investigation. Any false
statement or material omission made by the applicant during the course of the
investigation shall be grounds for denying or revoking the license. (Amended
Ord. 213, 5-6-1997; amd. 2003 Code
3-1A-7: TERM OF LICENSE; RENEWALS: All 3.2 percent malt liquor
licenses shall be issued for a period of one year and shall expire on December
31 each year. The fees for licenses are established by ordinance and shall not be
prorated'. The application for renewal of any existing license shall be made at
least ninety -(90) days prior to the date of the expiration of the license. (Amended
Ord. 213, 5-6-1997; amd. 2003 Code)
3-1A-8: NON -TRANSFERABILITY OF LICENSE OR LOCATION: Each
license shall be issued to the applicant only and shall not be transferable to
another holder. Each license shall be issued only for the premises described in
the application. No license may be transferred to another place without the
approval of the City Council. (Amended Ord. 213, 5-6-1997)
3-1A-9: TEMPORARY ON SALE LICENSE:
A. Conditions Of License: The City Council may issue temporary on -sale 3.2
percent malt liquor licenses to a bona fide club or charitable, religious, or
nonprofit organization. These licenses are subject to the following:
1. Application: Submission of a completed application to the City Clerk at
least thirty -(30) days in advance of the event for which the license is
requested.
2. Insurance: Submission of evidence of insurance, with the same coverage
limits and provisions as are required for the issuance of an on -sale or off -sale
license for an establishment with sales of 3.2 percent malt liquor, of ten
See section 1-7-3 of this code for fees.
See subsection 1-7-3A of this code.
thousand dollars ($10,000.00) or more per year.
3. License Fee: Payment of license fee as established by ordinance 1
4. Emergency Contacts: Submission of a list of responsible persons who may
be contacted immediately in case of an emergency. Those persons must be
residents of the Twin Cities metropolitan area as defined by Minnesota
Statutes Section 473.121, Subdivision 2. At least one person of the listed
persons must be present on the licensed premises during all hours of sale.
5. Other Conditions: The City Council may impose other reasonable
conditions.
B. Term Of License: Temporary on -sale 3.2 percent malt liquor licenses may
be issued for a specified period of time, not to exceed four (4) consecutive
days, unless the approval for an extended time period is granted by the City
Council. (Amended Ord. 489, 3-19-19)
C. Public Location: These licenses may be issued for an event to take
place on public property. (Amended Ord. 213, 5-6-1997; amd. 2003
Code)
3-1A-10: COMPLIANCE CHECKS AND INSPECTIONS: All licensed
premises shall be open to inspection by authorized city officials during regular
business hours. From time to time, but at least once per year, the city shall
conduct compliance checks by engaging underage youth to enter the licensed
premises to attempt to purchase alcoholic beverages. No minor or underage
adult used in compliance checks shall attempt to use a false identification or
theatrical makeup that misrepresents his or her age. All minors and underage
adults lawfully engaged in a compliance check shall answer all questions about
their age truthfully when asked by the licensee and shall produce any
identification which they are asked to produce. In all instances the minors or
underage adults shall be accompanied by authorized city officials to the location
of the compliance check. (Amended Ord. 213, 5-6-1997)
3-1A-11: HOURS OF SALE: No sale of 3.2 percent malt liquor shall be
made between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M.
Monday through Saturday. Neither shall any sale of such liquor be made on
Sunday between the hours of one o'clock (1:00) A.M. and twelve o'clock (12:00)
noon. (Ord. 213B, 7-1-2003)
A. Sales After One O'Clock A.M.; Special License:
1. State Permit Required: No licensee may sell 3.2 percent malt liquor
between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M.
unless the licensee has obtained a permit from the Commissioner
pursuant to Minnesota Statutes Section 340A.504, Subdivision 7.
2. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be
issued only to allow sales until two o'clock (2:00) A.M. on Fridays,
Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day.
3. Service Of Food: On -sale licensees shall be required to offer the
licensee's normal food service to its customers until one o'clock (1:00)
A.M. (Ord. 296, 7-20-2004)
3-1A-12: SUSPENSION/REVOCATION/CIVIL PENALTY: The City Council
may either suspend for up to sixty (60) days or revoke any 3.2 percent malt liquor
license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for
each violation upon finding that the licensee or agent or employee of the licensee
has failed to comply with any applicable statute, regulation or ordinance. No
suspension or revocation shall take effect until the licensee has been afforded an
opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to
14.69. (Amended Ord. 213, 5-6-1997; amd. 2003 Code; Ord. 213B, 7-1-2003)
In addition to the remedies and penalties set forth in this article, in the event an
establishment fails an alcohol compliance check, the City Council shall levy a
penalty against the establishment. Penalties are as listed in Section 1-7-3 of
this code. Said penalty shall be paid to the City Treasurer within ten (10) days
of notification of the penalty. (Ord. 213B, 7-1-2003)
3-1A-13: VIOLATION; PENALTY: Any person violating any provision of this
article shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished as defined by state law. Any fine or sentence imposed shall not affect
the right of the city to suspend or revoke the license of the licensee as the City
Council deems appropriate. (Amended Ord. 213, 5-6-1997; amd. Ord. 2136, 7-1-
2003)
CHAPTER 1
LIQUOR CONTROL
ARTICLE B. INTOXICATING LIQUOR
SECTION:
3-113- 1:
License And Permit Required
3-113- 2:
Eligibility And Ineligibility For License
3-113- 3:
Application For License Or Permit
3-1B-4:
Financial Responsibility
3-113- 5:
License And Permit Fee
3-113- 6:
Types Of Licenses And Permits; Exemptions
3-1 B- 7:
Investigation Of Applicant; Grant Or Denial Of License
3-1 B- 8:
Expiration Of Licenses And Permits; Renewals
3-1 B- 9:
Non -transferability Of License
3-1 B-10:
Conditions Of License And Permit
3-1 B-11:
Sunday Sales
3-1B-12:
Minors
3-1 B-13:
Sales To Certain Persons Prohibited
3 -IB -14:
Compliance Checks And Inspections
3-1 B-15:
Suspension Or Revocation Of License; Penalties
3-1 B-1: LICENSE AND PERMIT REQUIRED:
A. License: Except as provided below, no person may directly or indirectly, on
any pretense or by any device, sell, barter, keep for sale, or otherwise
dispose of alcoholic beverages as part of a commercial transaction without
having obtained the appropriate license from the city.
B. Permit: No person who does not hold an on -sale intoxicating liquor license
may directly or indirectly allow the consumption and display of intoxicating
liquor or knowingly serve any liquid for the purpose of mixing with intoxicating
liquor without first having obtained a permit from the city. (Amended Ord. 235,
8-5-1997)
3-1 B-2: ELIGIBILITY AND INELIGIBILITY FOR LICENSE:
A. A license shall be issued only to a person who is:
1. Eligible for a license under Minnesota Statutes Section 340A.402; and
2. A proprietor of the establishment for which the license is sought.
B. No license shall be issued to a person who is:
1. Ineligible understate law; or
2. Not the real party in interest or beneficial owner of the business
operated under the license.
C. No license shall be issued for any place or any business ineligible for a
license understate law.
D. No license shall be granted for operation on any premises on which
taxes, assessments or other financial claims of the city are delinquent
and unpaid.
E. 1. No on -sale intoxicating liquor or on -sale wine license shall be issued
unless the applicant makes a bona fide estimation that at least fifty
percent (50%) of the gross receipts of the establishment during the first
year of business will be attributable to the sale of food. Each on -sale
intoxicating liquor or on -sale wine licensee shall have the continuing
obligation to have at least fifty percent (50%) of gross receipts from the
establishment during the preceding business year attributable to the sale
of food. For the purpose of this requirement, establishment shall include
the food and beverage portion of a multi -serve establishment. Financial
records for food and beverage portion must be maintained separately
from the records of the remainder of the establishment.
2. For the purpose of this section, "sale of food" shall include gross
receipts attributable to the sale of food items, soft drinks and nonalcoholic
beverages. It shall not include any portion of gross receipts attributable to
the nonalcoholic components of plain or mixed alcoholic beverages such
as ice, soft drink mixes or other mixes.
3. The City Council may require the production of such documents or
information including, but not limited to, books, records, audited financial .
statements or pro forma financial statements as it deems necessary or
convenient to enforce these provisions. The City Council may also obtain
its own audit or review of such documents or information, and all licensees
shall cooperate with such a review, including prompt production of
requested records. (Amended Ord. 235, 8-5-1997)
4. In addition to other remedies that it may have available, the City Council
may place the license of any on -sale intoxicating liquor or on -sale wine
licensee on probationary status for up to one year when the sale of food is
reported, or found to be, less than fifty percent (50%) of gross receipts for
any business year. During the probationary period, the licensee shall
prepare any plans and reports, participate in any required meetings, and
take other action that the City Council may require to increase the sale of
food. (Amended Ord. 235, 8-5-1997; amd. 2003 Code)
No license shall be granted for any place located within three hundred feet
(300') of any public or private school nor within three hundred feet (300') of
any religious institution, the measurement being from building corner to
building corner. This restriction shall not apply to religious institutions or
schools located in the Limited Business, Neighborhood Business,
Shopping Center, General Business or Industrial Zoning Districts. This
restriction shall not apply to Temporary On -Sale Intoxicating Licenses.
(Ord. 301, 10-5-2004; Amended Ord. 404 1/18/11; Amended Ord. 481,
4/3/18; Amended Ord. 489, 3-19-19; Amended 498, 1213/19)
3-1 B-3: APPLICATION FOR LICENSE OR PERMIT:
A. Information Required: Every person desiring a license or consumption or
display permit under this article shall file with the City Clerk a verified
written application in the form prescribed and approved by the
Commissioner of Public Safety of the state. In addition to the information
required on the application form prescribed and approved by the
Commissioner of Public Safety and information required by any other
officer or office of the state, the application made to the city shall include
the following:
1. Representations as to the applicant's character;
2. The business in connection with which the proposed licensee will
operate;
3. Whether the applicant is the owner and operator of the business and if
not, who is;
4. Whether the applicant has ever used or been known by a name other
than his/her name, and if so, what was the name, or names, and
information concerning dates and places where used;
5. Whether the applicant is married or single. If married, the true name,
place and date of birth and street address of applicant's spouse;
6. Street address at which applicant and spouse have lived during the
preceding ten (10) years;
7. Kind, name and location of every business or occupation applicant or
spouse has been engaged in during the preceding ten (10) years;
8. Names and addresses of applicant's and spouse's employers and
partners, if any, for the preceding ten (10) years;
9. Whether the applicant or spouse has ever been convicted of a violation
of any state law or local ordinance, other than a nonalcohol related traffic
offense. If so, the applicant shall furnish information as to the time, place
and offense for which convictions were had; and
10. Whether the applicant or spouse, or parent, brother, sister or child of
either of them, has ever been engaged as an employee in operating a
saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If
so, applicant shall furnish information as to the time, place and length of
time.
11. Whether the applicant has ever been in military service. If so, the
applicant shall, upon request, exhibit all discharges.
12. The name, address and business address of each person who is
engaged in Minnesota in the business of selling, manufacturing or
distributing alcoholic beverages and who is nearer in kin to the applicant
or spouse than second cousin, whether of the whole or half-blood,
computed by the rules of civil law, or who is brother-in-law or sister-in-law
of the applicant or spouse.
13. If the applicant is a partnership, the names and addresses of all
partners and all information concerning each partner as is required of a
single applicant as above. A managing partner or partners shall be
designated. The interest of each partner or partners in the business shall
be submitted with the application, and if the partnership is required to file a
certificate as to trade name under the provisions of Minnesota Statutes
Chapter 333, a copy of the certificate certified by the Clerk of District Court
shall be attached to the application.
14. If the applicant is a corporation or other organization, the applicant
shall submit the following:
a. Name and, if incorporated, the state of incorporation.
b. A true copy of the certificate of incorporation, articles of
incorporation or association agreements.
c. The name of the manager or proprietor or other agent in charge
of or to be in charge of the premises to be licensed, giving all information
about said person as is required in the case of a single applicant
. d. A list of all persons who, single or together with their spouse or a
parent, brother, sister or child of either of them, own or control an interest
in said corporation or association in excess of five percent (5%) or who
are officers of said corporation or association, together with their
addresses and all information as is required for a single applicant.
15. The floor number and street number where the sale of alcoholic
beverages is to be conducted and the rooms where the beverages are to
be sold or consumed. An applicant for an on -sale license shall submit a
floor plan of the dining rooms, which shall be open to the public, shall
show dimensions and shall indicate the number of persons intended to be
served in each of the rooms.
16. The amount of the investment that the applicant has in the business,
land, building, premises, fixtures, furniture, or stock in trade, and proof of
the source of the money. Whenever the application for an on sale license
or for a transfer thereof is for premises either planned or under
construction or undergoing substantial alteration, the application shall be
accompanied by a set of the preliminary plans showing the design of the
proposed premises to be licensed. If the plans are on file with the city, no
further plans need to be filed.
17. A list of responsible persons, including the names of owners,
managers and assistant managers, who may be notified or contacted by
the state or city employees in case of emergency.
18. Other information that the City Council deems appropriate.
B. False Information Prohibited: No person shall make a false statement or
material omission in a license application. Any false statement or material
omission shall be grounds for denying or revoking a license.
C. Changes In Information: Each licensee shall have the continuing duty to
properly notify the City Clerk of any changes in the information or facts
required to be furnished on the license application. This duty shall
continue throughout the period of the license, and failure to comply with
this section shall constitute cause for revocation or suspension of the
license. (Amended Ord. 235, 8-5-1997)
3-1B-4: FINANCIAL RESPONSIBILITY:
A. Financial Responsibility Required: Every application for a license shall
be accompanied by evidence of adequate financial responsibility for
liability provided as follows:
1. General Liability Insurance Policy: A liability insurance policy which
shall name the City of Andover as an additional insured and shall provide
for the minimum coverage as stated in Minnesota Statutes Section
466.04.
2. Liquor Liability Insurance Policy:
a. A liability insurance policy imposed by Minnesota Statutes
Section 340A.409 which shall name the City of Andover as an
additional insured and shall provide for the following minimum
coverage: fifty thousand dollars ($50,000.00) for bodily injury to any
one person in any one occurrence; one hundred thousand dollars
($100,000.00) for bodily injury to two (2) or more persons in any
one occurrence; and ten thousand dollars ($10,000.00) for injury to
or destruction of property of others in any one occurrence; fifty
thousand dollars ($50,000.00) for loss of means of support of any
one person in any one occurrence; and one hundred thousand
dollars ($100,000.00) for loss of means of support of two (2) or
more persons in any one occurrence.
b. This subsection does not prohibit an insurer from providing
the coverage required by this subsection in combination with other
insurance coverage.
3. Additional Forms Of Proving Financial Responsibility: The applicant or
licensee may substitute one of the following as proof of financial responsibility
to the requirements of Subsection A2 of this section:
a. A bond of a surety company with minimum coverages as provided in
Subsection A2 of this section.
b. A certificate of the State Treasurer that the licensee has deposited with
the State Treasurer one hundred thousand dollars ($100,000.00) in cash or
securities which may legally be purchased by savings banks or for trust funds
having a market value of one hundred thousand dollars ($100,000.00).
B. Exemptions: This section does not apply to establishments
exempt from financial responsibility requirements by Minnesota
Statutes Section 340A.409, Subdivision 4.
C. Cancellation: The liability insurance policy, bond or certificate of the State
Treasurer required above shall provide that it may not be canceled for any
cause, except for nonpayment of premium, by the licensee, insurance
company, bond company, or State Treasurer without first giving thirty (30)
days' notice to the city in writing of the intention to cancel it. A ten (10) day
written notice of cancellation shall be required for nonpayment of premium
by the canceling party. Such notices must be addressed to the City Clerk.
D. Violation; Penalty: No person shall operate any business or conduct any
activities requiring a liquor license from the city without having in effect,
and evidence on file with the city, the financial responsibility required by
this section. Failure to have the financial responsibility in effect and/or on
file shall be grounds for immediate revocation or suspension of a license.
(Amended Ord. 235, 8-5-1997; amd. 2003 Code)
3-1 B-5: LICENSE AND PERMIT FEE: Every applicant for a license or
consumption and display permit shall pay to the city a fee set forth by ordinance.
This fee shall be for the purpose of conducting a preliminary background and
financial investigation of the applicant. If the City Council believes that the public
interest so warrants, it may require a similar investigation at the time of renewal
of any license. Fees for licenses issued during the license year shall be prorated
according to the number of months remaining in the year. For this purpose, an
unexpired fraction of a month shall be counted as a whole month which shall
have elapsed. No refund of any fee shall be made except as authorized by
statute. (Amended Ord. 235, 8-5-1997; amd. 2003 Code)
3-1 B-6: TYPES OF LICENSES AND PERMITS; EXEMPTIONS:
A. Types Of Licenses And Permits: The City Council may grant
the following types of intoxicating liquor licenses:
1. On -Sale Licenses: On -sale licenses may be issued only to hotels,
clubs, and restaurants. A license shall be issued only in conjunction with
the'serving of food and to establishments that have facilities for serving at
least one hundred (100) guests at one time.
2. On -Sale Wine Licenses: On -sale wine licenses may be issued to
restaurants capable of at least twenty-five (25) guests at one time. The
wine shall not exceed fourteen percent (14%) alcohol by volume and be
sold for consumption on the licensed premises only and in conjunction
with the sale of food. (Amended Ord. 489, 3-19-19)
1 See subsection 1-7-3A of this code.
3. Off -Sale Licenses: Off -sale licenses may be issued only to exclusive
liquor stores and shall permit off -sale of intoxicating liquor and 3.2 percent
malt liquor. As an incident to these sales, ice, soft drinks and all forms of
tobacco may also be sold. The city shall issue a limited number of off -sale
licenses based on population. The number of licenses shall be limited to
one for each six thousand (6,000) residents, based on current estimated
population.
4. Consumption And Display Permit: A consumption and display permit
may be issued to a bottle club which complies with the requirements of
Minnesota Statutes Section 340A.414 and which has obtained a permit
from the Commissioner of Public Safety. No bottle club may operate in the
city without first obtaining a permit from the city. (Amended Ord. 470, 6-
20-17)
5. Temporary On -Sale Intoxicating Liquor Licenses: The City Council may
issue temporary on -sale licenses for the sale of intoxicating liquor, subject
to the following:
a. The license will only be issued to an Andover based charitable,
religious or non-profit organization in existence for at least three years.
b. Such temporary on -sale intoxicating liquor sales shall be limited to
strong beer and wine only and will be allowed only in connection with a
social event sponsored by the licensee.
c. A temporary on -sale intoxicating liquor license may authorize on -sales
on premises other than the premises the organization owns or
permanently occupies upon City approval.
d. The license will be issued for a specific date, time and place.'
e. No license will be longer than four (4) consecutive days, and the City
Council shall issue no more than twelve (12) days' worth of temporary
licenses to any one organization in one (1) calendar year.
f. No license issued under this subdivision will be valid unless first
approved by the Commissioner of Public Safety. (Amended Ord. 489,
3-19-19)
6. Brew Pub On -Sale Intoxicating Liquor Licenses: With the approval of the
Commissioner of Public Safety, Brew Pub On -Sale Intoxicating Liquor
Licenses may be issued to brewers who operate a restaurant in their place
of manufacture and who meet the criteria established pursuant to
Minnesota Statutes Section 340A.301. Sales under this on -sale license
may not exceed 3,500 barrels per year. If a brew pub licensed under this
chapter possesses a license for off -sale under subsection (7) of this
section, the brew pub's total combined retail sales for on -sale or off -sale
may not exceed 3,500 barrels per year, provided that off -sales may not
total more than 500 barrels. (Amended Ord. 489, 3-19-19)
7. Brew Pub Off -Sale Intoxicating Liquor Licenses: With the approval of the
Commissioner of Public Safety, Brew Pub Off -Sale Intoxicating Liquor
Licenses may be issued to a brewer that is a licensee under subsection
(6) of this section, or that produces fewer than 3,500 barrels of malt liquor
in a year and otherwise meets the criteria established pursuant to
Minnesota Statutes Section 340A.301. Off -sale malt liquor shall be limited
to the legal hours for off -sale at exclusive liquor stores in the city. Malt
liquor sold off -sale must be removed from the premises before the
applicable off -sale closing time at exclusive liquor stores. All malt liquor
sold under this license shall be packaged in the manner required by
Minnesota Statutes 340A.301. Sales under this license may not exceed
500 barrels per year. If a brewer licensed under this chapter possesses a
license under subsection (6) of this section, the brewer's total retail sales
at on -sale or off -sale may not exceed 3,500 barrels per year, provided that
off -sales may not total more than 500 barrels. (Amended Ord. 489, 3-19-
19)
Brew Pub Temporary On -Sale Intoxicating Liquor Licenses: With the
approval of the Commissioner of Public Safety, Brew Pub Temporary On -
Sale Intoxicating Liquor Licenses to brewers who manufacture fewer than
3,500 barrels of malt liquor in a year for the on -sale of intoxicating liquor in
connection with a social event within the municipality sponsored by the
brewer. (Amended Ord. 489, 3-19-19)
B. Exemptions:
1. Any person holding an on -sale intoxicating liquor license may sell 3.2
percent malt liquor at on -sale without obtaining a 3.2 percent malt liquor
license as required by the city.
2. Any person holding an off -sale intoxicating liquor license may sell 3.2
percent malt liquor at off -sale without obtaining a 3.2 percent malt liquor
license as required by the city.
3-1 B-7: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF
LICENSE:
A. All applications for a license shall be referred to the Anoka County
Sheriff's Office and to other City Departments as the City Clerk shall
deem necessary for verification and investigation of the facts set forth in
the application. The Anoka County Sheriffs Office shall cause to be
made such investigation of the information requested in Title 3, Chapter
3-1 B-5 as shall be necessary and shall make a written recommendation
and report to the City Council which shall include a list of all violations of
Federal or State Law or Municipal ordinance. The City Council may
order and conduct such additional investigation as it shall deem
necessary. (Amd. Ord. 368, 4-15-08)
B. Issuance Of License; Hearing Required: No license shall be issued until
the City Council has held a public hearing in accordance with the
following:
1. For all licenses and consumption and display permits, a public hearing
shall be held at a City Council meeting. All property owners and occupants
located within three hundred fifty feet (350') of the proposed location shall
be notified at least ten (10) days prior to such hearing.
2. At the public hearing, all persons interested in the matter shall be heard.
No hearing shall be required for a renewal of a license, but the City
Council may, at its option, hold a public hearing. (Amended Ord. 235, 8-5-
1997)
C. Grant Or Denial Of License: After investigation and hearing, the City
Council shall, at its discretion, grant or deny the application. Each
application shall require a majority vote by the City Council for approval.
No on -sale wine license, off -sale license, club on -sale license, or
consumption and display permit shall become effective until it, together
with the security furnished by the applicant, has been approved by the
Commissioner of Public Safety. Within ten (10) days of issuing an on -sale
license, the city shall submit to the Commissioner of Public Safety the full
name and address of each person granted a license, the effective date of
the license, the expiration date of the license, and the name under which
the licensee will conduct the business. (Amended Ord. 235, 8-5-1997;
amd. 2003 Code)
3-1 B-8: EXPIRATION OF LICENSES AND PERMITS; RENEWALS: Each
license, except consumption and display permits, shall expire on December 31 of
the year in which it is issued. Consumption and display permits shall expire on
March 31 of each year. The application for the renewal of any existing license
shall be made at least ninety- (90) days prior to the date of the expiration of the
license and shall be made on the form provided by the City Clerk. (Amended
Ord. 235, 8-5-1997; amd. 2003 Code)
3-1 B-9: NONTRANSFERABILITY OF LICENSE: Each license shall be
issued only to the applicant and for the premises described in the application. Nc
license may be transferred to another person or place without application to the
City Council in the same manner as an application for a new license. Transfer of
twenty five percent (25%) or more of the stock of a corporation or of a controlling
interest thereof, whichever is less, shall be deemed a transfer of the license of a
corporate licensee. If the licensee is a corporation which is wholly owned by
another corporation, the same provisions about the transfer of a stock or a
controlling interest shall apply to that parent corporation, any second parent
corporation which wholly owns the parent corporation, and all other similarly
situated parent corporations up through the chain of ownership. Transfer of this
amount of stock without prior City Council approval is grounds for revocation or
suspension of the license. In addition, each day the licensee operates under the
license after a transfer has taken place without obtaining City Council approval
shall be a separate violation of this article. (Amended Ord. 235, 8-5-1997)
3-1 B-10: CONDITIONS OF LICENSE AND PERMIT: Every license is
subject to the following conditions, all other provisions of this article, and any
other applicable regulations, or state law:
A. Responsibility And Liability Of Licensee: Every licensee is responsible for
the conduct of his or her place of business and the conditions of sobriety
and order in it. The act of any employee of the licensed premises
authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided
by this article equally with the employee, except criminal penalties.
B. Display Of License And Permit: Every license to sell alcoholic beverages
and permit for consumption and display must be posted in a
conspicuous place in the premises for which it is used.
C. Right Of Entry: Every licensee shall allow any peace officer, health
officer, or properly designated officer or employee of the city to enter,
inspect, and search the premises of the licensee at reasonable hours
without a warrant.
D. Certain Federal Stamps Prohibited: No licensee shall possess a
federal wholesale liquor dealer's special tax stamp or a federal
gambling stamp. (Amended Ord. 235, 8-5-1997)
E. Hours Of Sales: No sale of intoxicating liquor for consumption on the
licensed premises (on -sale) may be made: 1) between one o'clock (1:00)
A.M. and eight o'clock (8:00) A.M. on the days of Monday through
Saturday; or 2) after one o'clock (1:00) A.M. on Sundays except as
authorized by an approved Sunday on -sale liquor license. (Ord. 235D, 7-
1-2003)
1. Sales After One O'Clock A.M.; Special License:
a. State Permit Required: No licensee may sell intoxicating liquor
between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M.
unless the licensee has obtained a permit from the Commissioner
pursuant to Minnesota Statutes Section 340A.504, Subdivision 7.
b. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be
issued only to allow sales until two o'clock (2:00) A.M. on Fridays,
Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day.
c. Service Of Food: On -sale licensees shall be required to offer the
licensee's normal food service to its customers until one o'clock (1:00)
A.M. (Ord. 296, 7-20-2004)
F. Consumption And Presence After Hours: No person shall consume any
intoxicating liquor or 3.2 percent malt liquor on any licensed premises
more than thirty (30) minutes following the time established by law for
cessation of the sale of liquor. No person, except an employee of the
licensed establishment, shall remain on the premises or site more than
thirty -(30) minutes following the time established by law for cessation of
the sale of liquor. (Amended Ord. 235, 8-5-1997; amd. 2003 Code)
G. Possession And Consumption In Certain Areas Of Premises: No person
shall possess open containers of alcoholic beverages or consume
alcoholic beverages on the premises under the licensee's control outside
of the licensed structure or in any area of the licensed premises which
was not designated for these activities in the license application.
H. Death Of Licensee: In the event of the death of a person holding a license,
the personal representative of that person shall be allowed to continue to
operate the business within the terms of the license for a period not to
exceed ninety (90) days after the death of the licensee.
Gambling: The licensee shall not keep, possess, or operate or permit the
keeping, possession or operation of, on the licensed premises or in any
room adjoining the licensed premises, any slot machine, dice or any
gambling device or apparatus, nor permit any gambling therein, nor
permit the licensed premises or any room in the same, or in any adjoining
building, directly or indirectly under its control, to be used for any illegal
purpose. Notwithstanding the above, gambling licensed and permitted by
the Minnesota Charitable Gambling Board is allowed, and sales
sponsored by the Minnesota State Lottery may be made at any licensed
establishment.
On -Sale And On -Sale Wine Licenses:
1. Report Of Premises Changes: Persons holding on -sale intoxicating
liquor or on -sale wine licenses, in addition to being subject to the
requirements of this article, shall report any internal change to the licensed
premises which materially enlarges, expands, reconfigures, or alters the
size of the area connected with the consumption of liquor or the type of
service offered by the establishment, prior to the beginning of work. This
report shall be made to the City Clerk for review by the City Council and
may result in altering the terms under which the license is granted. No
work shall be done nor city permits issued for the work until the change is
approved by the City Council. Each day the licensee operates under the
license after beginning construction of the changes and before obtaining
City Council approval shall constitute a separate violation of this article,
resulting in a mandatory minimum civil offense of one hundred dollars
($100.00) per day.
2. Health And Food Handling Requirements: Each on -sale and on -sale
wine licensee shall have the continuing obligation to comply with all state
and local health and food handling regulations. At the time of application
for any new or renewed license, the City Council may review (if deemed
necessary) the establishment's health and food handling inspection
results. In addition to other remedies that it may have available, the City
Council may place the license of any on -sale intoxicating liquor or on -sale
wine licensee on probationary status for up to one year when inspections
reveal the establishment has not achieved passing scores. During the
probationary period, the licensee shall take such action as may be
required to achieve passing scores, and shall be subject to subsequent
inspections for compliance, and shall be subject to other conditions which
the City Council may impose. (Amended Ord. 235, 8-5-1997; amd. 2003
Code)
K. No licensee shall permit in any licensed establishment, or any adjoining
property owned or leased by the licensee, any boxing, wrestling, or any
other form of entertainment whose primary purpose is physical contact by
striking or touching an opponent with hands, feet, or body. Team sports in
which physical contact is incidental to the primary purpose of the game
such as basketball, volleyball, soccer, football, baseball, hockey, and
softball are not included among activities prohibited by this section.
(Amended 9-5-06, Ord. 332A)
3-1 B-11: SUNDAY SALES:
A. Restrictions: On -sale Sunday liquor licenses shall be issued only to
hotels, clubs, and restaurants which hold an on -sale intoxicating liquor
license only in conjunction with the serving of food and which have
facilities for serving at least one hundred (100) guests at one time.
(Amended Ord. 235, 8/5/97; amd. 2003 Code)
B. Hours: The hours of the sale of intoxicating liquor shall be between eight
o'clock (8:00) A.M. on Sundays and two o'clock (2:00) A.M. on Mondays.
(Amended Ord. 474, 9119/17)
C. Application For License: An establishment serving intoxicating liquor on
Sunday must obtain a Sunday on -sale liquor license from the city in the
same manner as applications to sell intoxicating liquor. (Amended Ord.
235, 8/5/97)
3-1B-12: MINORS:
A. Presence On Premises For Purchase Or Consumption: It shall be
unlawful for any minor to enter any premises licensed for the retail sale
of liquor for the purpose of purchasing or having served or delivered to
him or her any liquor or to consume any liquor, purchase or attempt to
purchase or have another purchase for him or her any intoxicating liquor.
B. False Representation: It shall be unlawful for any person to misrepresent
or misstate his or her age or identity, or the age or identity of any other
person, for the purpose of inducing any licensee or any employee of any
licensee to sell, serve or deliver any liquor to a minor.
C. Possession: It shall be unlawful for a minor to have in his or her
possession any liquor with intent to consume the same at a place other
than the household of his or her parent or guardian. Possession of liquor
at a place other than the household of the minor's parent or guardian shall
be prima facie evidence of intent to consume the same at a place other
than the household of his or her parent or guardian. (Amended Ord. 235,
8-5-1997)
3-1 B-13: SALES TO CERTAIN PERSONS PROHIBITED: It shall be
unlawful for any person to sell, give, barter, furnish, deliver or dispose of, in any
manner, either directly or indirectly, any liquor in any quantity, to any minor
person, to any intoxicated person, or to any person to whom this is prohibited by
Minnesota Statutes Section 340A.503, Subdivision 2. (Amended Ord. 235, 8-5-
1997; amd. 2003 Code)
3-1 B-14: COMPLIANCE CHECKS AND INSPECTIONS: All licensed
premises shall be open to inspection by authorized city officials during regular
business hours. From time to time, but at least once per year, the city shall
conduct compliance checks by engaging underage youth to enter the licensed
premises to attempt to purchase alcoholic beverages. No minor or underage
adult used in compliance checks shall attempt to use a false identification or
theatrical makeup that misrepresents his or her age. All minors and underage
adults lawfully engaged in a compliance check shall answer all questions about
their age truthfully when asked by the licensee and shall produce any
identification which they are asked to produce. In all instances the minors or
underage adults shall be accompanied by authorized city officials to the location
of the compliance check. (Amended Ord. 235, 8-5-1997)
3-1 B-15: SUSPENSION OR REVOCATION OF LICENSE; PENALTIES:
A. The City Council may either suspend for up to sixty (60) days or revoke
any liquor license or impose a civil fine not to exceed two thousand dollars
($2,000.00) for each violation upon a finding that the licensee or an agent
or employee of the licensee has failed to comply with any applicable
statute, regulation or ordinance. No suspension or revocation shall take
effect until the licensee has been afforded an opportunity for a hearing
pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord.
235, 8-5-1997; amd. 2003 Code)
B. Any person violating any provision of this article shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as defined
by state law. Any fine or sentence imposed shall not affect the right of the
city to suspend or revoke the license of the licensee as the City Council
deems appropriate.
C. In addition to the remedies and penalties set forth in this article in the
event an establishment fails an alcohol compliance check the City Council
shall levy a penalty against the establishment. Penalties are as listed in
Section 1-7-3 of this code. Said penalty shall be paid to the City Treasurer
within ten (10) days of notification of the penalty. (Ord. 235D, 7-1-2003)
CHAPTER1
LIQUOR CONTROL
ARTICLE C. OUTDOOR PARTIES
SECTION:
3-1 C-1:
Narrative
3-1 C-2:
Intent And Purpose
3-1 C-3:
Definitions
3-1C-4:
License Required; Exemptions
3-1C-5:
Application For License
3-1 C-6:
Issuance Or Denial Of License
3-1 C-7:
Conditions Of License
3-1C-8:
Display Of License
3-1 C-9:
Enforcement
3-1C-10:
Severability
3 -IC -1: NARRATIVE: The city contains within its corporate limits areas of
open space, much of which space is not crossed by public roads and not easily
accessible to emergency vehicles. It has become a common practice for people
to conduct gatherings in such open areas, generally held during the evening
hours, and at which intoxicating and 3.2% malt liquor or chemicals are consumed
without licensing the use or dispensation thereof. Such gatherings have become
dangerous both to those in attendance and to the general public and are in need
of regulation. (Ord. 232, 8-5-1997; amd. 2003 Code)
3-1 C-2: INTENT AND PURPOSE; It is the intent and purpose of this article
to protect the health, welfare and safety of its citizens through the establishment
of licensing procedures for "outdoor parties". It is not the intent of this article, nor
shall this article be used to inhibit or restrain the right of free speech or freedom
of assembly in a lawful manner. (Ord. 232, 8-5-1997; amd. 2003 Code)
3-1 C-3: DEFINITIONS: For the purpose of this article, certain terms and
words are hereby defined as follows:
OUT OF DOORS: Any place outside of a building as defined in
Minnesota Statutes.
OUTDOOR PARTY: A gathering of fifty (50) or more people, held partially
or completely out of doors, on public or private
property, and at which intoxicating beverages, 3.2
percent malt liquor or other intoxicating chemicals
are used or dispensed by any participant, whether or
not a fee is collected from any participant. (Ord. 232,
8-5-1997; amd. 2003 Code)
3-1C-4: LICENSE REQUIRED; EXEMPTIONS: No person shall permit,
maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize,
manage, or sell or give tickets to outdoor parties held in any area of the city
whether on public or private property, unless a license to hold the assembly has
first been issued by the city. Any outdoor party that commences during daylight
hours, and is completely dispersed prior to sunset shall be exempt from the
requirements of obtaining an outdoor party license. (Ord. 232, 8-5-1997)
3-1 C-5: APPLICATION FOR LICENSE: Application for such license shall
be made at least two (2) weeks in advance of the assembly and shall be made to
the City Clerk on forms to be supplied by the city and shall contain the following
information:
A. The names, addresses and telephone numbers of the applicants.
B. The precise location of the proposed outdoor party, as well as the date
and specific times during which the outdoor party will be in progress and
the expected number of guests. Any license issued for an outdoor party
shall be no more than the duration of the outdoor party as indicated on
the application forms, not to exceed twenty four (24) hours.
C. The names, addresses and telephone numbers of the owner(s) of the
land.
D. A written acknowledgment of consent by the owner(s) of the land to the
conducting of the proposed outdoor party if other than the applicant(s).
(Ord. 232, 8-5-1997)
E. A statement as to whether or not intoxicating or 3.2 percent malt
liquor will be furnished. (Ord. 232, 8-5-1997; amd. 2003 Code)
F. A written statement demonstrating that the applicant has adequate
plans for measures designed to protect the safety of participants,
including the following:
1. The means by which the outdoor party will be illuminated;
2. The means by which emergency vehicles may be summoned, and the
means of access of emergency vehicles to the outdoor party site; and
3. Adequate sanitary facilities be provided. (Ord. 232, 8-5-1997)
3-1 C-6: ISSUANCE OR DENIAL OF LICENSE:
A. Licenses shall be issued by the City Clerk. The City Clerk shall issue the
license if all of the provisions of this article have been satisfied; provided,
that with regard to Section 3-1 C-5 of this article, the following shall be
deemed insufficient measures to protect the safety of participants:
1. Illumination primarily from motor vehicle headlights, ground fires, or
other light sources located less than ten feet (10') above ground.
2. The lack of a reliable communication device located within one hundred
feet (100') of the proposed site.
3. The existence of the site at a location greater than one thousand feet
(1,000') from any traveled public road, or the existence of access to a
traveled public road, which access is not marked by reflectorized
markings, or not passable by a four -wheeled motor vehicle, or not of
sufficient width to accommodate the passage of emergency vehicles.
B. If the City Clerk refuses to issue a license, the applicant shall have the
right to have the application reviewed by the City Council by placement on
the agenda of the next regular City Council meeting.
C. If a license is issued, a copy thereof shall be forwarded to the office of
the County Sheriff. (Ord. 232, 8-5-1997)
3-1 C-7: CONDITIONS OF LICENSE:
A. Any license issued shall be subject to the following conditions, which
shall be printed on the face of the license, and shall read as follows: (Ord.
232, 8-5-1997)
The license shall be rendered void if any of the following conditions are
found to exist at the outdoor party site:
1. The commission of the crime of assault, disorderly conduct, or
breach of the peace by any participant on the outdoor party site;
2. The consumption or possession of any intoxicating liquor or 3.2
percent malt liquor by any person under the legal alcohol consumption
age as defined by Minnesota statutes;
3. The failure of any applicant to be physically present at the outdoor
party site during the entire duration of the outdoor party, and
4. The maintenance of any nuisance under any existing local
ordinance.
(Ord. 232, 8-5-1997; amd. 2003 Code)
B. Upon observing the violation of any of the conditions of a license, a
peace officer shall declare the license to be void and shall order the
participants to disperse. (Ord. 232, 8-5-1997)
3-1 C-8: DISPLAY OF LICENSE: The license shall be displayed at the
outdoor party in a prominent location. If a peace officer, upon investigating an
outdoor party, is not furnished with the license and is otherwise unable to locate
a license, the peace officer shall be entitled to presume that no license exists.
(Ord. 232, 8-5-1997)
3-1C-9: ENFORCEMENT:
A. If any peace officer, upon discovering an outdoor party that is
unlicensed or upon declaring any license to be void, shall order the
persons present to disperse, all persons present shall promptly leave
the premises, and the failure to do so shall be a violation of this article.
B. Any person, firm or corporation violating any provision of this article shall
be guilty of a misdemeanor as defined by state law and subject to the
penalties thereof. (Ord. 232, 8-5-1997)
3-1C-10: SEVERABILITY: Should any portion of this article be found to be
in violation of any provisions of the Constitution of the State of Minnesota or the
United States of America, such a finding shall affect only such portion, and the
remainder of this article shall continue in full force and effect. (Ord. 232, 8-5-
1997)
MINNESOTA STATUTES 2020 340A.402
340A.402 PERSONS ELIGIBLE.
Subdivision 1. Disqualifiers. No retail license may be issued to:
(1) a person under 21 years of age;
(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five
years of the license application, or to any person who at the time of the violation owns any interest, whether
as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise,
in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise,
business, or firm in which any such person is in any manner interested;
(3) a person not of good moral character and repute; or
(4) a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler.
In addition, no new retail license may be issued to, and the governing body of a municipality may refuse
to renew the license of, a person who, within five years of the license application, has been convicted of a
felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale,
distribution, or possession for sale or distribution of an alcoholic beverage. The Alcohol and Gambling
Enforcement Division or licensing authority may require that fingerprints be taken and forwarded to the
Federal Bureau of Investigation for purposes of a criminal history check.
Subd. 2. Background check. (a) A retail liquor license may be issued by a city, a county, or the
commissioner. The chief of police is responsible for the background checks prior to a city issuing a retail
liquor license. A county sheriff is responsible for the background checks prior to the county issuing a retail
liquor license and for those cities that do not have a police department. The commissioner is responsible for
the background checks prior to the state issuing a retail liquor license.
(b) The applicant for a retail license must provide the appropriate authority with the applicant's signed,
written informed consent to conduct a background check. The appropriate authority is authorized to query
the Minnesota criminal history repository for records on the applicant. If the appropriate authority conducts
a national criminal history records check, the appropriate authority must obtain fingerprints from the applicant
and forward the fingerprints and the required fee to the superintendent of the Bureau of Criminal
Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation
for purposes of obtaining the applicant's national criminal history record information. The superintendent
shall return the results of the national criminal history records check to the appropriate authority for the
purpose of determining if the applicant is qualified to receive a license.
History: 1985 c 305 art 6 s 2; 1986 c 330 s 5; 1987 c 152 art 1 s 1; 1989 c 49 s 1; 1991 c 249 s 3; 1993
c 350 s 9; 1994 c 611 s 15; 1996 c 323 s 4; 2002 c 321 s 6; 2013 c 82 s 35
Official Publication of the State of Minnesota
Revisor of Statutes
AC I T Y 0 F
ND610VEA
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO:
Planning & Zoning Commissioners
CC:
Joe Janish, Community Development Director
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearine: Conditional Use Permit / Commercial Greenhouse / 14700
Sycamore St NW / PID# 26-32-24-11-0015 / Na Vang (Applicant)
DATE: April 13, 2021
INTRODUCTION
The applicant is requesting a Conditional Use Permit (CUP) to operate a commercial greenhouse
on their property located at 14700 Sycamore St NW. A map showing the site location is attached
for your review.
City Code defines a commercial greenhouse as "a retail business where the primary operations
are the selling of landscaping and plant materials grown on site either in an enclosed building or
outside". City Code 12-12 lists commercial greenhouses as a type of home occupation that is a
conditional use within the R-1, R-2 or R-3 zoning districts. Please note greenhouses that are for
exclusively personal use can be built on most residential properties without City Council
approval, it is only the commercial aspect of the proposed greenhouse that triggers the CUP
requirement.
DISCUSSION
The applicant is proposing to construct a greenhouse in the rear yard of their property that would
be used as a nursery to grow plants and food to be sold at local farmers markets or from their
property through pick-up by appointment only at limited times during the week. The applicant
has submitted a brief letter outlining their request which is attached for your review.
Proposed Hours of Operation
Operation of the greenhouse (growing, planting, etc.) will need to comply with the normal
working hours established by the City Code of between 7:00am-I0:00pm. The applicant has
indicated that they would allow for prearranged pick-up times where customers would come to
the property to pick up items they have purchased between 10:00am — 5:00pm on Tuesdays,
Thursdays and Sundays.
Accessory Structure Requirements
Construction of the greenhouse would need to comply with all City Code requirements related to
the construction of an accessory structure. When staff was reviewing the application, it was
discovered that several existing accessory structures were present on the property and that the
proposed 800 square foot greenhouse would cause the property to conflict with City Code 12 -6-
4 -A -1-b which states as follows:
Lots I Acre To Less Than 5 Acres — In residential districts other than the R-4 district, on
lots of at least one (1) acre but less than five (5) acres, the maximum allowable area of
accessory structures shall not exceed the principal structure foundation area excluding
attached garage.
The principal structure foundation area is approximately 889 square feet, so City Code would
allow for up to 889 square feet of accessory structures on the property. Since the property had an
existing estimated total of 514 square feet of accessory structures, the proposed 800 square foot
structure would cause the property to be in violation of City Code. In order to meet this
requirement, the applicant will remove approximately 442 square feet of accessory structures as
shown in the attached map. Depending on the type of greenhouse the applicant chooses to
construct, either a Building Permit or a Temporary Structure Permit will need to be obtained and
approved by the City prior to construction.
Home Occupation Requirements
City Code 12-9: Home Occupations sets standards for home businesses within the City of
Andover and is attached for your review. Since a commercial greenhouse is listed as a separate
type of use by City Code 12-12, the requirements of City Code 12-9: Home Occupations do not
necessarily automatically apply. However, City Staff has placed several conditions on the draft
resolution of approval that mimic the requirements of this chapter such as restrictions on outdoor
storage, supervision of the business, building and safety requirements, etc.
Conditional Use Permit (CUP) Review Criteria
City Code 12-14-6-B provides the following general review criteria to consider when granting a CUP. In
granting a Conditional Use Permit, the City Council shall consider the recommendation of the Planning
and Zoning Commission and:
1. The effect of the proposed use on the health, safety, moral and general welfare of the occupants
of surrounding lands.
Staff believes that the proposed use will not have an impact on the health, safety, moral and
general welfare of the occupants of surrounding lands and has placed reasonable conditions on
the resolution of approval that mimic City Code requirements for Home Occupations on
residential properties in order to ensure that there is no impact. These include conditions on
hours of operation, outdoor storage, parking, noise, setbacks, etc.
2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and
lands.
The limited pick-up times in which customers will be traveling to and from the property is not
anticipated to create additional traffic concerns. The draft resolution of approval requires that
all parking be contained within the property and not on the public right-of-way, staff believes that
adequate space exists to accommodate the limited amount ofparking that will be required.
3. The effect on values of property and scenic views in the surrounding area, and the effect of the
proposed use on the Comprehensive Plan.
The property is guided as Rural Residential by the Comprehensive Plan which allows for
agricultural activities and uses. The large lots and proposed structure setbacks appear to
be adequate to accommodate the proposed commercial greenhouse without impacting
scenic views or the values ofproperty in the area.
ACTION REQUESTED
The Planning & Zoning Commission is requested to conduct a public hearing regarding the CUP
request and make a recommendation to the City Council.
Bosmctftilly submitted
Jake Griffiths
Associate Planner
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Site Location Map
Applicant Letter
Accessory Structures Map and Information
Copy of City Code 12-12: Residential Use Table
Copy of City Code 12-9: Home Occupations
Certificate of Survey
CC: Na Vang, 14700 Sycamore St NW, Andover, MN 55304 (Applicant)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
FIT&MR41",
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A
COMMERCIAL GREENHOUSE, LOCATED AT 14700 SYCAMORE ST NW, PID# 26-32-24-11-
0015, LEGALLY DESCRIBED AS:
LOT 9, BLOCK 1, BARNES ROLLING OAKS 2ND ADDITION
WHEREAS; Na Vang has requested a conditional use permit for a commercial greenhouse and is the
property owner as of the date of this resolution, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing on April 13, 2021 pursuant to
the requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect
on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit request.
NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the conditional use
permit for a commercial greenhouse at 14700 Sycamore St NW, subject to the following conditions:
1. All materials and equipment associated with the commercial greenhouse not stored within a
building must be fully screened so as to meet the requirements established by City Code 12-13-3
and 12-15-5 as amended.
2. The number of employees shall be limited to one person on site in addition to family members.
3. Any interior or exterior alterations to the dwelling are prohibited, except those customarily found
in a dwelling.
4. Installation of signage shall require a sign permit and meet all City Code requirements.
5. Vehicles associated with the commercial greenhouse shall be regulated as stated in City Code
Title 12, Chapter 13: Performance Standards, City Code Title 6: Motor Vehicles and Traffic, and
City Code Title 4: Public Nuisances.
6. All customers must park on an approved impervious surface on the property. At no time may
customers or vehicles associated with the commercial greenhouse be parked or stored within the
public right-of-way.
7. The commercial greenhouse shall not produce light glare, noise, odor or vibration that will in any
way have an objectionable effect upon adjacent or nearby property.
8. The commercial greenhouse shall be conducted by at least one member of the family who resides
in the dwelling unit.
9. The commercial greenhouse shall meet all applicable Fire and Building Codes, including but not
limited to obtaining a building permit and/or temporary structure permit for construction of the
greenhouse.
10. The commercial greenhouse shall meet a side yard setback of 30 -feet (30'), rear yard setback of
50 -feet (50') and a front yard setback of 100 -feet (100').
11. Accessory structures, including the commercial greenhouse, shall meet the requirements of City
Code 12-6-4-A-1. Any accessory structures that will cause the property to be in violation of City
Code 12-6-4-A-1 once the commercial greenhouse is constructed, shall be removed prior to
construction of the commercial greenhouse.
12. Customers shall not be allowed on the property except for prearranged pick-up times between the
hours of 10:00am — 5:OOpm on Tuesdays, Thursdays and Sundays.
13. Operation of the commercial greenhouse and related activities shall be limited to between the
hours of 7:OOam — 10:00pm.
14. If the City Council determines that no significant progress has been made in the first twelve (12)
months after the approval of the Conditional Use Permit, the permit will be null and void.
Adopted by the City Council of the City of Andover on this day of 2021.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUEST FOR A COMMERCIAL
GREENHOUSE, LOCATED AT 14700 SYCAMORE ST NW, PID# 26-32-24-11-0015, LEGALLY
DESCRIBED AS:
LOT 9, BLOCK 1, BARNES ROLLING OAKS 2ND ADDITION
WHEREAS; Na Vang has requested a conditional use permit for a commercial greenhouse and is the
property owner as of the date of this resolution, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing on April 13, 2021 pursuant to
the requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request does not meet the criteria established by the City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect on
the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
Conditional Use Permit request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and denies the conditional use permit
for a commercial greenhouse at 14700 Sycamore St NW, subject to the following conditions:
Adopted by the City Council of the City of Andover on this day of 12021.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Sheri Bukkila, Mayor
r S�
F.s
Applicant Name: Na T. Vang
Property: 14700 Sycamore St. NW, Andover, VIN 55304
To Planning Division,
The Conditional Use Permit is submitted for the property at 1400 Sycamore St. NW. The permit is to
obtain approval to build a greenhouse on the property which will serve as a small nursery to grow
plants, microgreens and produce. The intended use of the property is not for retail use. Products grown
from the property will be sold at the Farmers Market or as a pickup on a schedule basis only.
Thank you for your time to review this application.
The following are structures on the property. List are structures that will be removed and kept to stay
within city code.
Structure
Dimension (ft)
Square Footage
Remove From Property
Small Greenhouse
10x20
200
Yes
Metal Shed
10x20
200
Yes
Portable Shed
7X6
42
Yes
Chicken Coop
8x6
48
No
Chicken Coop
8x3
24
No
Total Square Footage of House: 2,134 sqft
Total Square Footage of NEW Greenhouse: 800 sqft
IL
Images and measurements of existing Structures to be removed. Not included is the portable Shed with
will be disassembled and stored away.
Metal Shed
(10x20 ft)
RIM"',-,
Ugm
Existing Greenhouse
(10x20 ft)
Chapter 12
RESIDENTIAL
PERMPPTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESr
P-Permited Use R-1 Single Family -Rural
M-2 Multiple Dwelling
PA- Permitted Accessory Use R-2 Single Family- Estate
RR Single Family Rural Reserve
C -Conditional Use' sFt Foornorrs R-3 Single Family- Suburban
X -Prohibited Use R4 Single Fatuity- Urban
PUD- Planned Unit Development R-5 Manufactured Housing
I- Interim Use M-1 Multiple Dwelling- Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Perm*ttpd- Permitted A,cessorv- Condit'onnl- Interim and Prohibited lispq
I I
RR
Zoning DiptHcts
R-1 R-2 R-3 j R-4 a R-5 M-1 M-2
Animal Therapy Facility -on properties larger than five acres in size
C
C
C
I C
X
X
I X
X
Commercial animal training 2.5 acre minimum residential lot size
C
C
C
C
X
X
X
X
Commercial riding stables
C
C
X
X
X
X
X
X
Dog kennel license - Private (2.5 acre minimum lot size required) in
compliance with City Code 5-]A
C
C
C
C
C
C
C
C
Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance
with City Code 5-1A
C
C
C
C
C
C
X
X
Domestic animals in compliance with City Code Title 5
PA
PA
PA
PA
PA
PA
PA
PA
Farm animals up to 5 per acre, plus one additional farm animal per acre
above 5 acres on residential properties 5 acres or greater up to a maximum of
20 animals and definition under City Code 12-2
P
p
p
P
X
X
X
X
Farm animals greater than allowed as a permitted use on residential properties
5 acres or greater in compliance with City Code Title 5s and definition under
City Code 12-2
C
C
C
C
X
X
X
X
Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted
use that predates the adoption of this ordinance.
X
X
X
XX
X
X
X
Pleasure/recreation animals on residential properties at least 2.5 acres in size
in compliance with City Code Title 5 and definition under City Code 12-2
PA
PA
PA
PA
PA
X
X
X
Poultry on residential properties with neither municipal sewer or water in
compliance with City Code Title 5 and definition under City Code 12-2
p
P
P
P
X
X
X
X
Dwellings
Accessory Dwelling Unit (ADU)
C
C
X
X
X
X
X
X
Manufactured homes and modular homes, provided they are developed under
a planned unit development and the complex is a minimum of twenty (20)
acres in size
X
X
X
X
X
PUD
X
X
Multiple dwellings
X
X
X
X
X
X
PUD
PUD
Relocated dwelling units in compliance with City Code 9-11
C
C
C
C
C
C
C
C
Single-family residential buildings (detached)
p
p
P
p
p
PUD
PUD
PUD
Single-family residential buildings (attached) and townhouses
X
X
X
X
X
X
PUD
PUD
Temporary Family Health Care Facility
X
X
X
X
X
X
X
X
Two-family home conversions (splits) in compliance with City Code 12-8-1
X
X
X
X
X
X
C
C
Home Occupations
Home occupations within principal structure in compliance with City Code
12-9
PA
PPA
PA
PA
PA
PA
PA
Home occupations in accessory structure on a parcel of land three (3) acres or
larger utilizing an accessory structure and/or exterior storage in compliance
with City Code 12-9
C
C
C
C
C
C
C
C
Barbershops and beauty salons
C
C
C
C
C
C
C
C
Bed and breakfast
C
C
C
C
C
C
X
X
Boarders or roomers, up to two persons, by a resident family, with no private
cooking facilities
PA
P
PA
PA
PA
PA
PA
PA
Cabinet making/wood working (home occupation) in compliance with City
Code 12-9
C
C
X
X
X
X
X
X
Commercial greenhouse
C
C
C
C
X
X
X
X
or fewer
Davcare Centers -Home Occumnion (13 or more children) I P I C I C I C I C I C I C I C
P- Permitted Use R-1- Single Famil -Rural M-2- Multiple Dwelling
amil -Estate Single Family Rural Reserve
PA- Permitted Accessory Use R-2- Single Family- state
C -Conditional Use SrEFOOrNOM R-3- Single Family- Suburban
X -Prohibited Use 114- Single Family- Urban
PIDL Planned Unit Development R -S- Manufactured Housing
I -Interim Use M-1- Multiple Dwelling -Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Pcrm4ttod- Permitted Accessory- Condition L Interim and Prohibited I [sea
RR
R -I
7Anino
R-2 R-3'
W
R43
driers
R-5
M-1
M-2
Da care Facility -Group Family
P
P
P
P
P
P
P
P
Farm Wineries subject to City Code 12-9-12
PA
PA
C
C
X
X
X
X
Group Homes as regulated by State Statute
C
P
P
P
P
P
P
P
Office in compliance with City Code 12-9
C
PA
PA
PA
PA
PA
PA
PA
Therapeutic massage establishment (as a home occupation offering on site
massae services) as regulated by chapter 9 of this title and title 3, chapter 6
P
C
C
C
C
C
C
C
Schools
K-12 Schools
P
P
P
P
P
P
X
X
Post -secondary Schools
PA
C
C
C
C
C
X
X
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
C
C
C
C
Subordinate Classroom Structures (when located on a licensed Primary
and/or Secondary school property)
C
I
I
I
I
I
I
I
Subordinate Classroom Structures (when located on a property where there is
a religious institution as the principal use
P
I
I
I
I
I
I
i
i ttlttt c
Private utilities (gas, electric, phone, cable, etc) in Complaince with City
Code 8-2
P
P
P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.
C
C
C
C
C
C
C
C
Public utility uses for local services
P
P
P
P
P
P
P
P
Other
Agricultural uses- rural outside MUSA bound on]
P
P
P
P
X
X
X
X
Agricultural uses- urban
P
P
P
P
P
P
P
P
Antennas in excess of thirty-five feet (35') in height in compliance with City
Code 9-12
C
C
C
C
C
C
C
C
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
C
C
C
C
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in
compliance with City Code 12-8-5
C
C
X
X
X
X
X
X
Campgrounds, guin clubs and ranges, archery ranges, racetracks
C
C
X
X
X
X
X
X
Cemeteries
P
C
C
C
C
C
C
C
Daycare centers within legally conforming religious institutions and schools.
PA
PA
PA
PA
PA
PA
PA
PA
Daycare centers within subordinate classroom structures.
X
X
X
X
X
X
X
X
Religious Institution
C
C
C
C
C
C
X
X
Clubs and lodges
C
C
C
C
C
C
C
C
Crafts and antique businesses in buildings designated as historical sites by a
countv. state or nationally reco nized historical organization
X
X
X
X
X
X
X
C
Garages and Accessory Structures in compliance with City Code 12-6
PA
PA
PA
PA
PA
PA
PA
PA
Golf courses and driving ranges
C
C
C
C
C
C
C
C
Highway construction materials (temporary rocessin and storage)
I
I
I
I
I
I
I
I
Marinas
C
C
C
CC
C
C
C
Publiclyowned and operated property except as herein amended
P
P
P
P
P
P
P
P
Resorts
C
C
C
C
XX
X
X
Solar Ener Systems round mounted subject to Cit Code 9-15
PA
PA
X
X
X
X
X
X
Solar Ener Systems roof mounted subject to Ci Code 9-15
PA
PA
PA
PA
P ,
PA
PA
PA
g wimming pools and recreation areas or structures
IPAIPA
I
PA
PA
PA
PA
PA
PA
CHAPTERS
HOME OCCUPATIONS
SECTION:
12-9- 1:
Purpose
12-9- 2:
Permitted Home Occupations; Location Restrictions
12-9- 3:
Home Occupations In Accessory structures
12-9- 4:
Nonconforming Home Occupations
12-9- 5:
Conditional Use Permits
12-9- 6:
Special Home Occupation Permits
12-9- 7:
Inspections
12-9- 8:
In -Home Beauty Salons and Barbershops
12-9- 9:
Vested Rights
12-9-10:
Suspension Or Revocation Of Conditional Use Permit
12-9-11:
Illegal Home Occupations; Penalty
12-9-1: PURPOSE: The purpose of this chapter is to prevent competition
with business districts and to provide a means through the establishment of
specific standards and procedures by which home occupations can be conducted
in residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood. In addition, this chapter is intended to
provide a mechanism enabling the distinction between permitted home
occupations and nonconforming or customarily more sensitive home
occupations, so that nonconforming home occupations may be allowed through
an administrative process rather than a legislative hearing process. (Amended
Ord. 8, 10-21-1970)
12-9-2: PERMITTED HOME OCCUPATIONS; LOCATION
RESTRICTIONS: All home occupations that conform to all of the
following provisions may be conducted entirely within the principal structure.
Home occupations shall not be conducted in a garage or accessory building
unless the property owner has obtained a Conditional Use Permit as stated in
Section 12-9-3 of this chapter or has obtained a Special Home Occupation
Permit as stated in Section 12-9-4 of this chapter. Home occupations may be
conducted by an individual who resides on the property and uses the residence
as a primary address for legal purposes. (Amended Ord. 431, 10-15-13)
A. Permitted Home Occupations Enumerated: Permitted home occupations
include, and are limited to: art or photo studio, dressmaking, secretarial
services, professional offices, repair services, or teaching services limited
to three (3) students at any one time and similar uses.
B. Number Of Employees: The number of employees shall be limited to
one person on site in addition to family members. (Amended Ord. 8, 10-
21-1970)
C. Amount Of Building Space Used: The area within the principal structure
used by the home occupation shall not exceed twenty percent (20%) of
the dwelling's livable floor area. Basements may be included if they meet
all State Building Code requirements. (Amended. Ord. 8, 10-21-1970;
amd. 2003 Code)
D. On Site Sales: On site sales shall be prohibited, except those clearly
incidental to services provided in the dwelling.
E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a
home occupation shall be prohibited, except those customarily found in
a dwelling.
F. Vehicles: Vehicles associated with a home occupation shall be regulated
as stated in Title 12, Chapter 13, Performance Standards and in Title 6,
Motor Vehicle and Traffic. (Amended Ord. 392, 5/18/10)
G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15.
H. Performance Standards: No home occupation shall produce light glare,
noise, odor or vibration that will in any way have an objectionable effect
upon adjacent or nearby property.
Supervision: The home occupation shall be conducted by at least one
member of the family who resides in the dwelling unit.
J. Building And Safety Requirements: The home occupation shall meet all
applicable fire and building codes. (Amended Ord. 8, 10-21-1970)
12-9-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES
A. Conditional Use Permit Required: A Conditional Use Permit shall be
required for the following home occupations that are located in an
accessory structure or detached garage and/or require exterior storage:
1. Cabinet making.
2. Woodworking.
3. Repair services.
4. Similar uses as those stated in Subsections Al through A3 of this
section.
B. Conditions Of Permit: These home occupations shall be subject to the
following conditions:
1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or
larger.
2. Area Of Use: The combined square footage of the accessory structure
and/or outside storage area utilized by the home occupation shall not
exceed eight hundred (800) square feet.
3. Setbacks: Setbacks of the accessory building and outside storage area
shall be of a magnitude found necessary by the city, but in no case shall
there be less than a one hundred foot (100') front yard setback, thirty foot
(30') side yard setback and fifty foot (50') rear yard setback or as required
in Section 12-3-4 of this title.
4. Storage Restrictions: The outside storage area and all commercial
vehicles, materials and equipment for the business being stored on site
shall be fenced, landscaped and screened in such a manner as to prevent
them from being visible at any time of the year from road rights-of-way,
public properties and surrounding properties. (Amended Ord. 314 10-4-
2005)
5. Other Requirements: All provisions in Section 12-9-2 of this chapter.
(Amended Ord. 8, 10-21-1970)
6. Termination of Use Upon Sale of Property: Upon sale of the premises
for which the Conditional Use Permit is granted, such permit shall
terminate. (Amended Ord. 314 10-4-2005)
12-9-4: NONCONFORMING HOME OCCUPATIONS:
Properties that had nonconforming home occupations prior to the adoption of this
title (May 15, 1990) were given an opportunity to apply for a Special Home
Occupation Permit. Those that were granted a permit are on file with the
Department of Community Development and may continue to operate. However,
they shall not increase in extent, number, volume, or scope from any of the
information stated in the permit, or the permit will be subject to revocation.
(Amended Ord. 314 10-4-2005)
12-9-5: CONDITIONAL USE PERMITS: Conditional Use Permits granted
in Section 12-9-3 of this chapter shall follow the criteria established in Section 12-
14-6 of this title. These permits shall be valid for one year from the date of
issuance (unless otherwise specified in the resolution for approval) and thereafter
shall be automatically renewed each year unless objections or complaints are
received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10-
21-1970)
12-9-6: SPECIAL HOME OCCUPATION PERMITS:
A. Temporary Permits: Nonconforming Home Occupation permits granted
by Section 12-9-4 of this chapter shall be temporary in nature, and
shall be granted to a designated person who resides at the address
where the home occupation is being conducted. (Amended Ord. 314,
10-4-2005)
B. Non -transferability Of Permit: These permits shall not run with the
land and shall not be transferable.
C. Renewal Of Permit: Special Home Occupation Permits shall be
automatically renewed each year unless objections or complaints are
received, or conditions of the permit are not adhered to.
D. Termination Of Permit: If the Special Home Occupation Permit holder
expires or moves to a new location, the existing permit shall automatically
terminate. In the case of death or other separation, the family member(s)
remaining at the same address may continue the home occupation if
written notice is given to the Department of Community Development and
authorization for the continuation of the permit is given with Council
approval. (Amended Ord. 314 10-4-05)
12-9-7: INSPECTIONS: There may be one annual inspection each year
made by the City Administrator or Administrator's designee of the property
covered by a Conditional Use Permit or Special Home Occupation Permit. In
addition, the City Administrator or the Administrator's designee shall, upon
reasonable request, enter and inspect the premises covered by said permit for
compliance purposes. (Amended Ord. 8,10-21-1970)
12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS:
In home beauty salons/barbershops shall be subject to the following:
A. Compliance with Title 3, Chapter 6 of the City Code.
B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted
at the time of the request for the Conditional Use Permit.
C. Compliance With State Requirements: The salon/shop must comply with
the State Cosmetology Board and the State Barbers Board requirements.
D. Number of Chairs: One chair salon/barber only.
E. Hours of Operation: The hours of operation shall be approved by the City
Council.
F. Parking: Parking requirements shall be as set out in section 12-13-10 of
this title.
G. Non-sewered Areas: In non-sewered areas, the septic system shall be in
compliance with Title 10, Chapter 4 of this code. A beauty shop/barber
shop shall be considered the equivalent to one bedroom in terms of usage
under Title 10, Chapter 4 of this code.
H. Termination of Use Upon Sale of Property: Upon sale of the premises for
which the Conditional Use Permit is granted, such permit shall terminate.
(Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005)
12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional
Use Permit or Special Home Occupation Permit shall confer upon any person or
to the benefit of any property owner any vested right. Rather, the use shall
remain subject to all conditions of the permit as established by the city. The city
may find it necessary from time to time to review the conditions of the permit as
they relate to the provisions of the general welfare of the community. (Amended
Ord. 8,10-21-1970)
12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE
PERMIT: When the City Council determines that the public interest
so requires, it may revoke or suspend the Conditional Use Permit of a home
occupation when it finds, after due investigation and a public hearing, that:
A. The permit holder, or any of his or her employees, has concealed
the receipt of stolen property or has knowingly received stolen
property.
B. The permit holder has not complied with the provisions of law
applicable to the premises, equipment or operation of the home
occupation.
C. The permit holder has obtained a permit through fraud or misstatement.
D. The home occupation or activity is being conducted in a manner found to
be detrimental to the health, safety, or general welfare of the public or is
a nuisance, or is being operated or carried on in an unlawful manner.
E. The home occupation has not been operating or in business for a period
of six (6) consecutive months. (Amended Ord. 8, 10-21-1970)
12-9-11: ILLEGAL HOME OCCUPATIONS; PENALTY: All home
occupations that are being conducted in violation of this chapter are illegal. Any
person violating any provision of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to punishment as defined by state
law. (Amended Ord. 8,10-21-1970)
12-9-12: FARM WINERIES: The following provisions shall apply to all farm
wineries that are considered home occupations under the Conditional Use Permit
process:
C. Farm wineries which shall be allowed on 2 '/2 acre or larger parcels in the
RR, R-1, R-2 and R-3 Zoning Districts.
C. Farm Wineries shall follow the standard building setbacks for the
applicable Zoning District.
D. Whether conducted in a principal or accessory structure, a farm winery
shall not be operated as a retail store (i.e. no retail displays will be
allowed).
E. Farm wineries shall be allowed only six on-site customer sales per day.
All other sales will need to be made by the internet/telephone and mailed
or shipped to the buyer.
F. Farm wineries shall be subject to production limits on the amount of wine
produced on-site each year, as specified in the Conditional Use Permit.
G. Other Requirements including but not limited to: All provisions of Section
12-9-2 and 12-9-7 of this chapter.
H. Termination of Use Upon Sale of Property: Upon sale of the premises for
which the Conditional Use Permit is granted, such permit shall terminate.
(Amd. 2/20/07, Ord. 339)
CERTIFICATE OF SURVEY
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THESE ELEVATIONS WERE DETERhWED
BY STS CONSULTANTS, LTD
O Denotes non yonwnent
Bearings cre asswried
ALL BUILDING DIMENSIONS
AND FLOOR ELEVATIONS MUST
BE VERIFIED BY BUILDER.
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Anoka County, 3fifm eaota.
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Lead Surveyors B Civil Engineers, Inc.
710 East R1wr Road
Anoka Mn. 55JOJ
Ph. 912-712-9099 Fox: 812-712-9055
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